Friday, January 11, 2008

SPAM - Part 11

No person should send an e-mail message that includes sexually oriented material and—

1) fail to include in subject heading the words "SEXUALLY-EXPLICIT"

and

2) fail to include in the body of the message:
 a) the words "SEXUALLY-EXPLICIT"
 b) a clear and conspicuous mechanism to opt out
 c) a postal address, and
 d) instructions on how to access the sexually oriented material without any other information or images.

Thursday, January 10, 2008

SPAM - Part 10

It is unlawful to send a commercial e-mail message if the e-mail address was obtained using an automated means:

1) from an Internet website operated by another person that had a notice stating that the operator of such website will not give, sell, or otherwise transfer addresses maintained by such website to any other party for the purposes of initiating, or enabling others to initiate, e-mail messages;

or

2) that generates possible e-mail addresses by combining names, letters, or numbers into numerous permutations.

 

Wednesday, January 9, 2008

SPAM - Part 9

Any commercial e-mail sent must provide the following:

1) clear and conspicuous identification that the message is an advertisement or solicitation, unless the recipient already gave consent to receive the message;

2) clear and conspicuous notice of the ways to opt out of future e-mail;

and

3) a valid physical postal address of the sender.

Tuesday, January 8, 2008

SPAM - Part 8

If a recipient requests to opt out of further e-mail communication(s) from sender, then it is unlawful for the sender (or any person acting on behalf of sender) to:

1) send such e-mail communication to recipient more than 10 business days after the receipt of the opt out request (unless re-requested);

and/or

2) to sell, lease, exchange, or otherwise transfer or release the recipient's e-mail address.

Monday, January 7, 2008

SPAM - Part 7

Disabling further communication:

The sender must provide a recipient with the ability to opt out of and/or cancel future e-mail messages that are considered Spam under this act via: 1) a reply to the e-mail address listed as the sender and/or other functioning return e-mail address clearly and conspicuously displayed or 2) an Internet-based mechanism.