FTC Opens New CAN-SPAM Act Proceeding

The Federal Trade Commission ("FTC" or "Commission") has set a June 27, 2005 deadline for interested parties to comment on the interpretation of key provisions of the CAN-SPAM Act of 2003 ("CAN-SPAM Act" or "Act"). The results of this proceeding have the potential to affect a number of email marketing decisions and practices.

The subjects addressed in the FTC’s notice include:

1. the identification of the sender of a commercial electronic mail message ("CEMM") when more than one potential sender is involved;
2. clarification of the Act’s "transactional or relationship message" category;
3. the definition of "valid physical postal address" under the Act;
4. treatment of "forward-to-a-friend" scenarios under the Act;