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UC DAVIS: Information and Educational Technology January 8, 2004 DEANS, DIRECTORS, DEPARTMENT CHAIRS, AND CAMPUS ADMINISTRATIVE OFFICERS Subject: New Federal Law for Commercial Electronic Mail Messages In late December 2003, the federal CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing) was signed into law. This new law preempts most of the California anti-spam laws and became effective on January 1, 2004. (To access a copy of the Act, see http://security.ucdavis.edu/can_spam.cfm.) The CAN-SPAM Act applies to commercial electronic mail messages. The law defines such messages as electronic mail whose primary purpose is to communicate a commercial advertisement or promote a commercial product or service. The law applies equally to broadly sent electronic mail messages and to single email messages. It is expected that the Federal Trade Commission (FTC) will clarify the definition of “primary purpose” and further define implementing regulations in the near future. Although the FTC regulations will not be immediately available, campus units have an obligation to ensure electronic mail messages comply with the new law. In particular, the following guidelines should be adhered to for all university electronic mail messages whose primary intent is to interest the recipient in procuring a product or service: - Include in the message an option for the recipient to choose not to receive future related electronic mail messages. The recipient must be given a 30 day opportunity to make this decision. The 30 day period starts from the transmittal date of the message. - Include a mechanism for the recipient to exercise a non- participatory choice. The opportunity to opt out must remain in effect for 30 days. - Honor a recipient’s request to cease being sent future related email within 10 days of receiving a non-participation request. - Clearly identify any advertisement or solicitations within the message. - Include a valid physical postal address of the sender within the message. The CAN-SPAM Act exempts some electronic mail messages from the above provisions. These messages may: - Relate to the facilitation, completion or confirmation of a previously agreed upon commercial transaction between the sender and the recipient. - Provide warranty information. - Provide notifications in the context of ongoing commercial relationships, such as subscriptions and accounts. - Provide account information. - Provide employment information. Additional information about the CAN-SPAM Act and what it means for senders and recipients of commercial email is available on the Computer and Network Security Web Site (http://security.ucdavis.edu/can_spam.cfm). If you have any questions regarding this new law, please contact Steve Drown or Deborah Allison in the Office of the Campus Counsel. John Bruno Vice Provost, Information and Educational Technology 04-005
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