[Asrg] 2. Legal - FTC Seeks Public Comment on Adult Content Spam Rule
2004-01-28 21:17:18
From the FTC website (http://www.ftc.gov/opa/2004/01/adult.htm), this
will be enacted WITHIN 120 DAYS.
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FTC Seeks Public Comment on Adult Content Spam Rule
As required by the CAN-SPAM Act, the Federal Trade Commission today
announced a proposal to establish a mark or notice that will be required
for inclusion in spam that contains sexually oriented material. The
purpose of the mark or notice is to inform the recipient that a spam
message contains sexually oriented material and to facilitate filtering
of such spam messages. Establishment of a mark to accomplish these
purposes is one of several actions that Congress has directed the
Commission to undertake by enacting the CAN-SPAM Act, which was signed
into law on December 16, 2003.
A Federal Register Notice to be published shortly will seek public
comment on the proposal. The CAN-SPAM Act requires the Commission to
prescribe the mark or notice within 120 days after passage of the Act.
Because of the statutory deadline, the comment period ends on February 17.
The FTC proposes to adopt a rule prescribing the phrase
“SEXUALLY-EXPLICIT-CONTENT: ” as the mark or notice mandated by the
CAN-SPAM Act. The proposed rule also would follow the intention of the
CAN-SPAM Act to protect consumers from unwitting exposure to
pornographic images in spam, by requiring this mark to be included both
in the subject line of any e-mail message that contains sexually
oriented material, and in the electronic equivalent of a “brown paper
wrapper” in the body of the message. This “brown paper wrapper” would be
what a recipient would initially see when opening a message containing
sexually oriented material. It would include the prescribed mark or
notice, certain other specified information, and no other information or
images. The proposed rule would include a “definitions” section to
clarify that certain terms taken from the Act and appearing in the rule
have the definitions prescribed by particular referenced sections of the
Act. Finally, the proposed rule would include a severability provision,
so that in the event a portion of the rule is struck, the remainder of
the rule will stay in effect.
The Commission vote to approve publication of the Federal Register
notice was 5-0.
Questions or comments can be directed to adultlabel(_at_)ftc(_dot_)gov or to
Jonathan Kraden at 202-326-2614.
Copies of the federal register notice are available from the FTC’s Web
site at http://www.ftc.gov and also from the FTC’s Consumer Response
Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.
The FTC works for the consumer to prevent fraudulent, deceptive, and
unfair business practices in the marketplace and to provide information
to help consumers spot, stop, and avoid them. To file a complaint, or to
get free information on any of 150 consumer topics, call toll-free,
1-877-FTC-HELP (1 877-382-4357), or use the complaint form at
http://www.ftc.gov. The FTC enters Internet, telemarketing, identity
theft, and other fraud-related complaints into Consumer Sentinel, a
secure, online database available to hundreds of civil and criminal law
enforcement agencies in the U.S. and abroad.
MEDIA CONTACT:
Claudia Bourne Farrell,
Office of Public Affairs
202-326-2181
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Yakov
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Yakov Shafranovich / asrg <at> shaftek.org
SolidMatrix Technologies, Inc. / research <at> solidmatrix.com
"All that is gold does not glitter" (LOTR)
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