Federal Anti-Spam Legislation
As you may know, Congress is very close to passing a national anti-spam
bill, which is more colloquially known as the CAN SPAM Act. In order
for the bill to become law, both branches of Congress must pass the bill
in identical form. The bill must then be signed by President Bush. As
of today, the most current corrected and conformed version of the CAN
SPAM Act is slated for vote by the House when it reconvenes on December
8, and is fully expected to be passed. Once the House votes on this
final version of the bill, the White House has indicated that President
Bush will sign the measure into law. If all this happens before the
government's holiday recess, the CAN-SPAM Act will take effect on
January 1, 2004, pre-empting all existing state legislation (nearly 40
states have enacted or have pending anti-spam legislation), including
the recent California anti-spam law (SB 186).
We at LinkShare view the federal CAN SPAM Act as a positive development.
It clearly outlaws and prohibits the kind of offenses that are commonly
committed by spammers, offenses that have threatened to destroy what is
and will continue to be a legitimate and powerful marketing tool when
used responsibly and properly. At the same time, by preempting and
overriding the nearly forty state laws that have been enacted or are
currently pending, the CAN SPAM Act provides the foundation for the
establishment of a national standard, which is the only practical way to
address marketing methods that traverse the Worldwide Web. To
help you understand the current legislative situation and plan for the
potential outcomes, LinkShare has prepared a document that summarizes:
1) The CAN SPAM Act's major provisions; 2) How the CAN SPAM Act differs
from California SB 186; and, 3) How the CAN SPAM Act may impact you.
You can access it directly through this link:
CAN SPAM Update
LinkShare remains committed to representing your interests and keeping
you informed of macro-level developments that affect how online
marketers do business. Please note, however, that our summary and
recommendations with regard to recent anti-spam legislation is in no way
a substitute for consulting with your legal department for a specific
understanding of how these laws impact your individual business.
If you have additional questions or concerns, please contact your
LinkShare representative.
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