FTC Seeks Further Comments to Amend Can-Spam Act Rules

WASHINGTON, D.C. – The Federal Trade Commission continues to waffle back and forth on certain definitions pertaining to the enforcement of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, also known as the Can-Spam Act.

After going into effect on Jan. 1, 2004, Congress tapped the FTC to determine the proper labeling for email containing adult material as well as all details related to the implementation of Can-Spam.

The commission's most recent public comment period, also known as the Notice of Proposed Rulemaking, follows an Advance Notice of Proposed Rulemaking on Can-Spam topics published by the FTC in March 2004.

The NPRM is currently seeking public comment on five topics related to Can-Spam, starting with the definition of a "person," a term used repeatedly throughout the Act but not defined. The FTC also is addressing modifying the definition of "sender" to make it easier to determine which of multiple parties advertising in a single email message will be responsible for complying with the Act's "opt-out" requirements.

Additionally, the FTC is seeking comment on clarifying that post office boxes and private mailboxes established pursuant to United States Postal Service regulations constitute "valid physical postal addresses" within the meaning of the Act. And lastly, the commission is considering shortening from ten days to three days the time a sender may take before honoring a recipient's opt-out request and clarifying that, to submit a valid opt-out request, a recipient cannot be required to pay a fee, provide information other than his or her email address and opt-out preferences, or take any steps other than sending a reply email message or visiting a single web page.

The current proposals are based on 13,517 comments and suggestions received in response to the ANPR. The FTC said that comments and suggestions came from representatives of a broad spectrum of the online commerce industry, trade associations, individual consumers, and consumer and privacy advocates.

The commentary period is open until June 27 and responses should be submitted to Secretary, FTC, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580.

In recent legal action taken against spammers using the Can-Spam shield, Massachusetts Attorney General Tom Reilly obtained an emergency court order this week to shut down dozens of websites allegedly operated by a sophisticated ring of Boston-area spammers. The ring is said to be one of the world's largest spam "gangs."

The group allegedly generated millions of unsolicited and deceptive email messages soliciting unapproved counterfeit drugs, pirated software and porn. The spam ring reportedly has ties to other organizations in Russia, with computer servers located in China, Korea, Brazil and Taiwan.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More