Definitions and Implementation Under the CAN-SPAM Act

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Trade Commission 16 CFR Part 316 [Project No. R411008] RIN 3084-AA96 AGENCY: Federal Trade Commission. ACTION: Final Rule. SUMMARY: In this document, the Federal Trade Commission (“FTC” or “Commission”) issues its Statement of Basis and Purpose and final Discretionary Rule (“final Rule”) pursuant to section 7711(a) of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM” or “the Act”), which gives the FTC discretionary authority to “issue regulations to implement the provisions of [the] Act.” EFFECTIVE DATE: The provisions of the final Rule will become effective on July 7, 2008. ADDRESSES: Requests for copies of the provisions of the Statement of Basis and Purpose and final Rule should be sent to: Public Records Branch, Room 130, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Copies of these documents are also available at the Commission’s Website: http://www.ftc.gov . FOR FURTHER INFORMATION CONTACT: Janis Claire Kestenbaum, (202) 326-2798, and Sana Coleman Chriss, (202) 326-2249, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. SUPPLEMENTARY INFORMATION: The final Rule: (1) Adds a definition of the term “person”; (2) modifies the term “sender” in those instances where a single email message contains ad…