Category: Law

Use Private Domain Registration and Go to Jail?

The 9th Circuit opinion in USA v. Kilbride, (9th Cir., 2009) has been released. This is primarily an obscenity case against the defendants for sending pornographic spam email. But, it also includes a challenge to 18 U.S.C. § 1037 on vagueness grounds. 18 U.S.C. § 1037 is the part of the CAN-SPAM Act of 2003… Read More

Confirm to unsubscribe?

Question comes in this morning: Hey Mick? Requiring the confirmation of an email address in an unsubscription is not CAN-SPAM compliant, right? That is absolutely correct. The current implementing rules for CAN-SPAM state: Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any… Read More

A CAN-SPAM Checklist

Today we’re going to create a checklist of things required for CAN-SPAM compliance. So, you want to make sure that you actually comply with the CAN-SPAM Act of 2003 and not just say that you do. This post isn’t for you. You might learn something here and if you do, that’s great. But, instead, this… Read More

Prior Business Relationships are irrelevant

When people don’t want to get permission to send mail, they usually don’t want to do other things as well.  For instance, they don’t want to offer a way to unsubscribe.  They want to make it easy to start and hard to stop.  Unfortunately, CAN-SPAM decrees it should be easy to stop mail.  And so… Read More

Sending email to wireless domains?

One question that I get asked a lot has to do with sending email to wireless domains. So, I’ll lay out the answer here for all the world to see: No unsolicited messages may be sent to a recipient on a mobile domain for any reason, period. Here’s the general rule from the FCC’s Order… Read More

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