United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316)
The US CAN-SPAM Act and the FTC CAN-SPAM Rule: what senders and promoters of commercial email must do on header accuracy, subject lines, advertisement identification, postal address, opt-out mechanisms and processing, list sourcing, affiliate oversight and sexually oriented content.
United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) is a compliance framework from United States (federal) with 3 domains and 10 controls. The largest domains are 15 U.S.C. 7704(a): Requirements for every commercial email – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) (4 controls), Aggravated violations, promoted businesses and sexually oriented material – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) (3 controls), Opt-out handling (15 U.S.C. 7704(a)(3), (4) and 16 CFR 316.5) – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) (3 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (3)
15 U.S.C. 7704(a): Requirements for every commercial email – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316)
| Code | Title |
|---|---|
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704a1 | s 7704(a)(1) Do not use materially false or misleading header information |
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704a2 | s 7704(a)(2) Do not use deceptive subject lines |
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704a5i | s 7704(a)(5)(A)(i) Identify the message clearly and conspicuously as an advertisement |
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704a5iii | s 7704(a)(5)(A)(iii) Include the sender's valid physical postal address |
Aggravated violations, promoted businesses and sexually oriented material – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316)
| Code | Title |
|---|---|
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704b | s 7704(b) Do not harvest addresses, use dictionary attacks, script account creation or relay without authorisation |
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704d | s 7704(d) and 16 CFR 316.4 Label sexually oriented commercial email |
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7705 | s 7705 Businesses promoted in email: take reasonable action against messages with false header information |
Opt-out handling (15 U.S.C. 7704(a)(3), (4) and 16 CFR 316.5) – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316)
| Code | Title |
|---|---|
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::316.5 | 16 CFR 316.5 Do not charge for, or add hurdles to, opting out |
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704a3 | s 7704(a)(3) and (a)(5)(A)(ii) Provide a working, conspicuous opt-out mechanism that stays live for 30 days |
| united-states-can-spam-act-of-2003-and-ftc-can-spam-rule-16-cfr-part-316::7704a4 | s 7704(a)(4) Honour opt-outs within 10 business days and never sell or transfer opted-out addresses |
What is United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) and who does it apply to?
United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) is a compliance framework from United States (federal) with 3 domains and 10 controls. The US CAN-SPAM Act and the FTC CAN-SPAM Rule: what senders and promoters of commercial email must do on header accuracy, subject lines, advertisement identification, postal address, opt-out mechanisms and processing, list sourcing, affiliate oversight and sexually oriented content. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) actually require?
United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) has 10 controls organised across 3 domains. The largest domains are 15 U.S.C. 7704(a): Requirements for every commercial email – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) (4 controls), Aggravated violations, promoted businesses and sexually oriented material – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) (3 controls), Opt-out handling (15 U.S.C. 7704(a)(3), (4) and 16 CFR 316.5) – United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) (3 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) do I already cover?
United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) does not currently have cross-framework mappings in our system. Check back as we continuously expand our mapping database.
How do I implement United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316)?
Start your United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about United States CAN-SPAM Act of 2003 and FTC CAN-SPAM Rule (16 CFR Part 316) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 10 controls and track your progress.
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