MIT Info Group, January 19, 2005 Page 1 The CAN-SPAM Act and what it means for MIT communicators MIT Info Group, January 19, 2005 Marsha Sanders Senior.

MIT Info Group, January 19, 2005 Page 1

The CAN-SPAM Act and what it means for MIT communicators

MIT Info Group, January 19, 2005

Marsha SandersSenior Communications Officer

Monica LeeDirector, Publishing Services Bureau


What is the CAN-SPAM Act?

Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003

It does more than the name implies

First law with national standards for sending commercial emails

and email newsletters; this is the first law to go beyond

spammers

Effective January 1, 2004 under Federal Trade Commission (FTC) enforcement; pre-empts state spam laws


But we are a non-profit institution!

Under tax law, we are not commercial; underIntellectual Property law, we can be commercial

Universities sometimes engage in commercial email campaigns without an education-specific purpose

Although the legislation doesn’t apply specifically to non-profits, we recommend:Adhere to well-defined best email practices!


Examples of commercial emails Emails promoting sporting or theatrical events

Emails promoting products of the institution Credit cards, embossed clothing, publications (other

than educational publications)

Email newsletters to alumni promoting products or services (other than educational trips)

Are you already working with Jim Morgan’s office (MIT Controller)?


Exempt Commercial Emails

Transactional or relationship messages Facilitate, complete or confirm a transaction Provide warranty, product recall, safety or security

information Notify concerning a subscription, membership, account, or

other relationship Provide HR or benefits information to employees Deliver solicited goods or services

Emails serving the Institute’s purpose of advancing education (example: charitable donations, prospective student recruitment, conferences)


Commercial Email – Recipients

CAN-SPAM protects all spam recipients: consumers, businesses and organizations

It applies to both a mass email campaign and email sent to one specific email address; does not apply to email sent to a Web site

Covers email addresses specific to a wireless device Prior express consent required (must opt-in) In effect October 2004, enforced by the FCC; FCC

will develop database of wireless numbers)


Hybrid Messages

Subject to CAN-SPAM if “the average consumer would reasonably conclude that the email is an advertisement”

Key components Subject line Beginning of message

Subject to FTC’s final definition of a commercial email – released last week


FTC Definition of Commercial EmailReleased 1/12/05; effective 3/28/05


FTC Commercial Definition: Hybrid

For emails containing both commercial and “transactional or relationship” content, the primary purpose will be considered commercial if either: A recipient reasonably interpreting the subject line

of the email would likely conclude that the message contains commercial content, or

The email’s “transactional or relationship” content does not appear in whole or substantial part at the beginning of the body of the message


FTC Commercial Definition: Hybrid For emails containing both commercial and content

that is neither transactional nor relationship , the primary purpose will be considered commercial if either: A recipient reasonably interpreting the subject line

of the email would likely conclude that the message contains commercial content, or

A recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the email is commercial (relevant factors include proportion of commercial/non-commercial content, graphics, type size and style)


International Emails: Europe

European emails already subject to more severe rules than those established by CAN-SPAM (commercial and non-commercial)

The European Union (E.U.) must protect their residents against unsolicited direct marketing emails as of November 1, 2003

No commercial email can be sent without the recipient’s prior consent unless there is an existing transaction or sale


CAN-SPAM Email Checklist

An honest, non-deceptive, subject line and message text consistent with the subject line

Opt-out mechanism (simple “unsubscribe” or URL to a web site to opt-out)

Working return email address (the “From:” line should not be ambiguous)

Valid physical postal address of the sender(no post office boxes) in signature block


Checklist: Subject Line

A clear and conspicuous identification that the email is an advertisement or solicitation (no requirement to include any particular language or labeling such as “advertisement”)


Checklist: Opt-Out

A working return email address or automated means to opt-out that must function for 30 days after the email was sent

Opt-out request must be honored within 10 days

The sender may not disclose the recipient’s email address to third parties

Opt-out process should be specific to the unit of the Institute that sent the email; do not bind the entire Institute from sending emails to this person


Mail lists: IS&T’s Mailman

Web-based list management system

Spam filtering privacy option: owners control what gets sent to the list

Prevent unwanted posts

Using an outside vendor for mass email campaigns must follow the same ethical standards that MIT uses (lists may not be sold, for example)


What are other schools doing?

Penn State: Marketing Privacy communication

U of Chicago: Mass and Bulk Mailings policy

Stanford University:Email on anti-spamlaws to the community


Sources

Amy Worlton, Wiley Rein & Fielding, LLP, December 7, 2004 audio seminar, sponsored by ACUTA

CAN-SPAM Act http://www.spamlaws.com/federal http://www.ftc.gov/bcp/conline/pubs/buspubs/

canspam.htm

FTC definition of commercial emailhttp://www.ftc.gov/opa/2005/01/primarypurp.htm


Contacts

Marsha SandersSenior Communications [email protected]

Monica LeeDirector, Publishing Services [email protected]

Ann HammerslaSenior Counsel for Intellectual [email protected]

MIT Info Group, January 19, 2005 Page 1 The CAN-SPAM Act and what it means for MIT communicators MIT Info Group, January 19, 2005 Marsha Sanders Senior.

Documents

commercial email recipients

commercial email campaigns

commercial universities

ftc commercial definition

email addresses specific

specific email address

mass email campaign

services emails