Which policy is included in the CAN-SPAM Act?

The CAN-SPAM Act of 2003 establishes requirements for commercial email messages. A core provision of this U.S. law is that it grants recipients the right to stop receiving emails. Senders must provide a clear and conspicuous explanation of how the recipient can opt out of getting email from the sender in the future. The opt-out mechanism must be simple to use and cannot require the recipient to pay a fee, provide personally identifying information beyond their email address, or take any steps other than sending a reply email or visiting a single web page.

B. The CAN-SPAM Act governs the content and routing information of commercial emails but does not mandate specific security controls like encryption.

C. The CAN-SPAM Act operates on an "opt-out" model, not an "opt-in" model. It does not require senders to obtain prior consent before sending a commercial email.

D. While email headers contain routing information, the CAN-SPAM Act does not require the sender to explicitly include the recipient's IP address.

1. Federal Trade Commission (FTC). (2019). CAN-SPAM Act: A Compliance Guide for Business.

Reference: Under the section "Main Requirements of the CAN-SPAM Act," the guide states: "Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out... You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request."

2. U.S. Code, Title 15, Chapter 103 - Controlling the Assault of Non-Solicited Pornography and Marketing.

Reference: 15 U.S.C. § 7704(a)(3) specifies the requirement for "a clear and conspicuous identification that the message is an advertisement or solicitation" and "a clear and conspicuous notice of the opportunity... to decline to receive further commercial electronic mail messages from the sender."

Reference: 15 U.S.C. § 7704(a)(5)(A) explicitly states that a sender may not "require that the recipient pay any fee" to opt out.

3. Cornell Law School Legal Information Institute (LII). 15 U.S. Code § 7704 - Other protections for users of commercial electronic mail.

Reference: This resource provides the full text of the law, confirming the opt-out requirements in section (a)(3) and the prohibition of charging a fee in section (a)(5). This serves as an accessible university-affiliated source for the primary legal text.