"Keeping SPAM in the Can? An Overview of the U.S. CAN -
SPAM Act," Ontario Bar Association Information Technology and E-Commerce Newsletter, Vol. 5, No. 1
Date:
March 1 2004
On January 1, 2004, a new law in the United States of America (“U.S.”) meant to address the problems associated with the ever-increasing amount of spam received by individuals and organizations came into effect. On that date, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM” or the “Act”), signed into law by President George W. Bush back on December 16, 2003 after near-unanimous approval by both houses of Congress (and after nearly six (6) years worth of legislative efforts), had the force of law. As the name of the law suggests, CAN-SPAM was designed to address the increased amount of unsolicited e-mail that individuals and organizations were receiving. As it is the first ever federal anti-spam legislation, the purpose of this piece is to review, briefly, some of the key elements of the Act and
examine some of the criticisms of the Act that have already emerged.
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