Can SPAM Act

Can SPAM Act

I’ve recently had to read the Can SPAM act as it applies to the an organization I’m part of. Besides getting a wicked headache there’s a few interesting bits in the law.

The short of it is that this law won’t change much. In particular there’s section 10. (9) (c) that pretty much makes the whole thing pointless. There’s a lot more to the the law and a whole bit about installing software (that includes cookies, Javascript, and such) but my concern was about sending e-mails.

Industry Canada has their regulations based on the law. As does the CRTC. And Michael Geist has a great blog article with the answers to the 10 most common questions. Michael Geist’s synopsis is probably the best source for anyone who doesn’t want to deal with the sub-sections and references and exceptions in the act.

The section I was referring to above, 10. (9) (c) is as follows:

the person to whom the message is sent has disclosed, to the person who sends the message, the person who causes it to be sent or the person who permits it to be sent, the electronic address to which the message is sent without indicating a wish not to receive unsolicited commercial electronic messages at the electronic address, and the message is relevant to the person’s business, role, functions or duties in a business or official capacity;

So as I read this it gives implied consent to send un-solicited messages to the e-mail address. Although the law requires opt-in to give express consent there’s an exception the allows implied consent unless you opt-out!!!

Your tax dollars at work!

Cross-posted on Schultzter’s blog.