The CAN-SPAM Act Part 3

posted by SHAYGALLAGHER // March 18, 2009 // Market Your Website

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Continued from The CAN-SPAM Act and What You Need to Know - Part 2

The FTC has trained more than 1,700 law enforcement agents in the U.S. and Canada to enforce the CAN-SPAM Act. The CAN-SPAM Act details severe penalties for anyone convicted of breaking its laws. Depending on the nature of the offense, the number of times it occurred, and the damages done to consumers, criminal penalties can include:

Imprisonment up to 5 years.
Fines up to $3 million; fines may be higher if they are tied to actual damages incurred by recipients of fraudulent email.
Confiscation and forfeiture of any property (including computer hardware and software) that was used to commit the crime, and any property (including personal property) that can be traced to proceeds from the crime.

International Anti-Spam Laws

If your business has international customers, you need to be aware of the anti-spam laws enacted by other countries. Canada has joined with the United States in pursuing and prosecuting businesses and individuals under the CAN-SPAM Act. In April of 2004, the Australian Communications Authority (ACA) passed the Spam Act 2003, which is similar to CAN-SPAM, except that it more easily allows for individuals who send even a single fraudulent email to be prosecuted and fined up to A$220,000. Australia 's Act also levies fines of A$1 million per day for repeat offenders.

The European Union passed its own anti-spam laws. Like the CAN-SPAM Act, the EU's laws require that recipients opt-in before receiving email messages. The EU law also states that cookies cannot collect data about a Web site visitor unless that visitor first gives permission. Likewise, that visitor's information cannot be exchanged or sold without prior permission. Punishment for violations varies from country to country, with Germany being especially strict.

Hong Kong is currently in the process of enacting an anti-spam law which will cover not only email, but text messages, faxes and telemarketing. Their law is expected to take effect in 2006.

For more information about anti-spam laws enacted around the world, go to www.spamlaws.com.