FTC Guidelines For Porn Email

WASHINGTON, D.C. – A month after the Can-Spam Act was enacted on Jan. 1, 2004, the Federal Trade Commission (FTC) has added specific regulations for senders of pornographic emails.

As part of Can-Spam, Congress tapped the FTC to determine the proper labeling for email containing adult material. The FTC was also given the task of implementing a 'Do Not Email' registry within six months of the law's enactment for those email recipients who want to block out certain spammers.

Effective June 2004, all unsolicited porn emails will have to bear the subject header: "SEXUALLY-EXPLICIT-CONTENT," the FTC said in a statement.

The FTC's federal regulations will override previous laws that required porn emails to contain ADV:ADULT in the email header.

According to Reuters, the FTC felt that the previous header was not specific enough to the adult industry and could just as easily apply to gambling or tobacco solicitations.

The FTC is also saying that adult-related emails are not allowed to contain graphic material in the body of the email, including sexually explicit pictures, and if caught, the sender will be subject to fines of $11,000 per email. Additionally, State Attorney Generals can sue porn emailers for damages of up to $250 per message with a $2 million cap.

The FTC is calling the new mandate an "electronic brown paper wrapper" for the adult industry.

"This 'brown paper wrapper' would be what a recipient would initially see when opening a message containing sexually oriented material," the FTC said in a statement. "It would include the prescribed mark or notice, certain other specified information, and no other information or images."

However, senders of porn email will be allowed to include hyperlinks to access their material, the FTC stated.

Email marketers who want to remain lawful will also be required to provide a physical address in the email and an easy way to opt-out of future mailings.

The CAN-SPAM Act required the FTC to determine the header label within 120 days of the law's enactment. The public feedback period ends on Feb. 17.

Copyright © 2025 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

New Fansly Analytics Platform 'SlyKiwi' Launches

SlyKiwi, a new analytics platform exclusively designed for Fansly content, has officially launched.

FPNCash Appoints Kimi Evans Head of Business Development

FPNCash has appointed Kimi Evans as its new head of business development.

CamModelDirectory Launches Platform Upgrade

CamModelDirectory has launched its CMD 3.0 platform upgrade.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters by country in June and July.

Playboy to Move Global HQ to Miami Beach

Playboy announced today that it will be moving its global corporate headquarters from Los Angeles to Miami Beach.

Bellesa Plus Names Magalie Rheaut as Chief Growth Officer

Bellesa Plus has named Magalie Rheaut as its Chief Growth Officer.

PASS to Relaunch Performer Subsidy Fund

PASS has announced that it will relaunch the Performer Subsidy Fund (PSF) to cover sexually transmitted infection (STI) test panel costs for up to 10 people each month.

Pineapple Support Taps Austin Ponce as Brand Ambassador

Pineapple Support has named Austin Ponce as its newest brand ambassador.

Taylor Vixxen Stars in New DezyRed Interactive VR Game

Taylor Vixxen stars in an interactive VR game from DezyRed.

XBIZ Amsterdam's Jakarta Hotel Sold Out, Additional Hotels Announced

Guest rooms at XBIZ Amsterdam’s host conference venue, Jakarta Hotel, are now completely sold out.

Show More