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U.S. State Anti-Spam Laws: Introduction and Broader Framework
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A quick definition of U.S. State Anti-Spam Laws: Introduction and Broader Framework:
U.S. State Anti-Spam Laws are rules made by most states in America to control unwanted commercial emails. These laws are similar to other laws that control telemarketing and other types of commercial solicitation. Some states also have laws that apply to spam emails as part of their laws against unlawful business practices. Legal experts see anti-spam laws as part of a larger framework of privacy and telecommunications laws. Most states have a combination of laws that cover different types of internet-based commerce. The state attorney general is usually responsible for enforcing these laws, but individuals can also take legal action. The CAN-SPAM Act of 2003 is a federal law that covers most of the state laws on commercial email and spam. However, some parts of state laws may still apply. The Inbox Project will provide information on the different state laws and how they are enforced.
A more thorough explanation:
U.S. State Anti-Spam Laws are laws that deal with commercial email. Most states have their own laws that are related to telemarketing practices, or commercial solicitation through other media like text messages. These laws are also connected to other state laws that address unlawful business and trade practices.
Legal experts consider anti-spam law as part of a larger framework of privacy law or telecommunications and computer-related law. Canada's Anti-Spam Law of 2010 is an example of a comprehensive legal framework for internet-based commerce.
There are different types of laws that are related to spam and commercial telecommunications activity. These include Commercial emails and spam, Telemarketing and Anti-Solicitation (Telephonic and Fax), Anti-Solicitation Laws Relating to Texts and Other Emerging Media, Unlawful Trade Practices, Pornography, and Computer-related crime.
Most states have a legal framework for internet-based commerce that combines more than one type of law. The state attorney general is usually responsible for enforcing the state's legal framework, but many of the individual laws also allow for private rights of action.
The CAN-SPAM Act of 2003 preempts a significant portion of the state law specific to commercial email and spam. However, some portions of state law may still apply.
For example, in California, the state's anti-spam law prohibits the use of misleading subject lines and requires a clear and conspicuous opt-out mechanism in commercial emails. This law is in addition to the federal CAN-SPAM Act.
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