Feds Can X-Rated Spam

Abstract

The Federal Trade Commission (FTC) has won an injunction against six companies accused of sending thousands of spam messages that failed to meet the requirements of the CAN-SPAM Act. According to the FTC's complaint, the companies sent e-mail that directs recipients to adult Web sites but did not include the phrase "sexually explicit" in the subject line, as required by the antispam law. The e-mails also did not provide opt-out functions to recipients and falsely promised free memberships with the Web sites involved. The temporary injunction issued by a court in Las Vegas marks the first time the requirements of the CAN-SPAM Act regarding adult content have been used. The FTC will ask the court to make the injunction permanent. In addition, those who operate the Web sites that benefit from unlawful spam can be held accountable under the CAN-SPAM law.

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