|Received:||4/8/2004 12:11:45 AM|
|Agency:||Federal Trade Commission|
It is important that a valid commercial (or personal) e-mail message should not be considered an advertisement simply because it contains one or more links to an external commercial website. For example, one should be able to include an advertising banner or hyperlink as part of one's e-mail signature, as long as the message is otherwise in compliance with all other aspects of the Act. The implementation of a National Do Not Email Registry is a crucial step if the CAN-SPAM Act is to have any hope of being effective. The implementation of a system for rewarding those who supply information about CAN-SPAM violations essential. The only way to stop the senders of spam is to make them legally and financially responsible for their actions. At minimum, the reward system should be similar to that which exists under the terms of the Telephone Consumer Protection Act, except with far greater clarity regarding the jurisdictional issues of private rights of legal actions. Ideally, the means of reporting violations and obtaining compensation should utilize at least the same levels of online technological innovation which are routinely exploited by spammers.