82 FR 29254 - CAN-SPAM Rule

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 123 (June 28, 2017)

Page Range		29254-29256
FR Document		2017-13471

The Commission is requesting public comments on its rule implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act (the ``CAN-SPAM Rule'' or ``Rule''). The Commission is soliciting comments about the efficiency, costs, benefits, and regulatory impact of the Rule as part of its systematic review of all current Commission regulations and guides. All interested persons are hereby given notice of the opportunity to submit written data, reviews, and arguments concerning the Rule.

Federal Register, Volume 82 Issue 123 (Wednesday, June 28, 2017)

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Proposed Rules]
[Pages 29254-29256]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-13471]

[[Page 29254]]

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FEDERAL TRADE COMMISSION

16 CFR Part 316

RIN 3084-AB38

CAN-SPAM Rule

AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').

ACTION: Rule review; request for public comments.

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SUMMARY: The Commission is requesting public comments on its rule
implementing the Controlling the Assault of Non-Solicited Pornography
and Marketing Act (the ``CAN-SPAM Rule'' or ``Rule''). The Commission
is soliciting comments about the efficiency, costs, benefits, and
regulatory impact of the Rule as part of its systematic review of all
current Commission regulations and guides. All interested persons are
hereby given notice of the opportunity to submit written data, reviews,
and arguments concerning the Rule.

DATES: Written comments concerning the CAN-SPAM Rule must be received
no later than August 31, 2017.

ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write: ``CAN-SPAM Rule, 16 CFR
part 316, Project No. R711010,'' on your comment, and file your comment
online at https://ftcpublic.commentworks.com/ftc/canspamrulereview by
following the instructions on the web-based form. If you prefer to file
your comment on paper, write ``CAN-SPAM Rule, 16 CFR part 316, Project
No. R711010,'' on your comment and on the envelope, and mail your
comment to the following address: Federal Trade Commission, Office of
the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex B),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW., 5th Floor, Suite 5610 (Annex B), Washington, DC
20024.

FOR FURTHER INFORMATION CONTACT: Christopher E. Brown, Division of
Marketing Practices, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580, (202)
326-2825.

SUPPLEMENTARY INFORMATION:

I. Background

Enacted in 2003, and effective since January 1, 2004, the
Controlling the Assault of Non-Solicited Pornography and Marketing Act
(``CAN-SPAM Act'' or ``Act''),\1\ regulates the transmission of all
commercial electronic mail (``email'') messages. The Act specifically
prohibits certain commercial email acts and practices \2\ and
establishes specific requirements for the content of these messages \3\
to ensure that recipients have the right to opt out of receiving
them.\4\ The Act explicitly directed the Commission to issue
regulations ``defining the relevant criteria to facilitate the
determination of the primary purpose of an electronic mail message.''
\5\ The Act also mandated that the ``Commission in consultation with
the Attorney General shall prescribe clearly identifiable marks or
notices to be included in or associated with commercial electronic mail
that contains sexually oriented material, in order to inform the
recipient of that fact and to facilitate filtering of such electronic
mail.'' \6\ In addition to these mandatory rulemakings, the Act also
provides discretionary authority for the Commission to issue
regulations concerning certain of the Act's other definitions and
provisions.\7\
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\1\ 15 U.S.C. 7701-7713.
\2\ Section 7704(a)(1) of the Act prohibits transmission of any
email that contains false or misleading header or ``from'' line
information. Section 7704(a)(2) prohibits the transmission of
commercial email messages with false or misleading subject headings.
\3\ Section 7704(a)(5) prohibits the initiation of a commercial
email message unless it contains three disclosures: (1) Clear and
conspicuous identification that the message is an advertisement or
solicitation; (2) clear and conspicuous notice of the opportunity to
decline to receive further commercial email messages from the
sender; and (3) a valid physical postal address of the sender.
\4\ Section 7704(a)(3) requires that a commercial email message
contain a functioning return email address or similar Internet-based
mechanism for recipients to use to ``opt out'' of receiving future
commercial email messages. Section 7704(a)(4) prohibits the sender,
or others acting on the sender's behalf, from initiating a
commercial email to a recipient more than ten business days after
the recipient has opted out.
\5\ 15 U.S.C. 7702(2)(C). The Act authorizes the Commission to
use notice and comment rulemaking pursuant to the Administrative
Procedures Act, 5 U.S.C. 553. 15 U.S.C. 7711.
\6\ 15 U.S.C. 7704(d)(3).
\7\ 15 U.S.C. 7702(17)(B); 7704(c)(1)(A)-(C); 7704(c)(2);
7711(a).
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Pursuant to the Act's directive, the Commission promulgated a rule
styled the Label for Email Messages Containing Sexually Oriented
Material (``Adult Labeling Rule'') in 2004.\8\ The Adult Labeling Rule
provides that, any person who initiates, to a protected computer, the
transmission of a commercial email that includes sexually oriented
material must: (1) Exclude sexually oriented materials from the subject
heading and include in the subject heading of that email the phrase
``SEXUALLY-EXPLICIT: ''; and (2) provide that the content of the email
message that is initially viewable when the message is opened include
only certain specified information, and not include any sexually
oriented materials.\9\ The Adult Labeling Rule also exempts situations
where a recipient has given his or her prior consent to receipt of a
sexually oriented message.\10\
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\8\ Federal Trade Commission: Label for Email Messages
Containing Sexually Oriented Material; Final Rule, 69 FR 21024 (Apr.
19, 2004).
\9\ 16 CFR 316.4 (a). The Adult Labeling Rule was originally
numbered section 316.1 when it was promulgated on April 19, 2004. In
the August 13, 2004, Notice of Proposed Rulemaking, the only change
proposed to the Adult Labeling Rule was to renumber it as section
316.4. The Commission requested comment on this proposed change and
did not receive any responsive comments.
\10\ 16 CFR 316.4(b).
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In 2005, the Commission issued CAN-SPAM Rule provisions that define
the relevant criteria to determine the ``primary purpose'' of an email
message.\11\ To facilitate this determination, the Rule describes four
categories of messages--(1) messages that contain only commercial
content, (2) messages that contain both commercial content and
``transactional or relationship content,'' (3) messages that contain
both commercial content and content that is neither commercial nor
``transactional or relationship,'' (4) messages that contain only
``transactional or relationship content''--and provides criteria for
determining the primary purpose of such email messages.\12\ Under the
Rule, if an email message contains only commercial content, the
``primary purpose'' of the message shall be deemed to be
commercial.\13\ Similarly, if an email message contains only
transactional or relationship content, the ``primary purpose'' of the
message shall be deemed to be ``transactional or relationship.'' \14\
If an email message contains both commercial content and transactional
or relationship content, then the primary purpose of the message shall
be deemed to be commercial if: (1) A recipient reasonably interpreting
the subject line of the email message would likely conclude that the
message contains the commercial advertisement or promotion of a
commercial product or service; or (2) the email message's transactional
or relationship content does not appear, in whole or in substantial
part, at the beginning of the

[[Page 29255]]

body of the message.\15\ In addition to the subject line criterion
applicable to all dual-purpose messages, the Rule also describes
another criterion to determine the primary purpose of a message that
contains commercial content and content that is neither commercial nor
``transactional or relationship'' in nature.\16\ In such a case, the
primary purpose of the message still would be deemed ``commercial'' if
a recipient reasonably interpreting the body of the message would
likely conclude that the primary purpose of the message is to advertise
or promote a product or service. The Rule lists several factors
relative to this inquiry, including the placement of content that
advertises or promotes a product or service at or near the beginning of
the body of the message; the proportion of the message dedicated to
such content; and how color, graphics, type size, and style are used to
highlight commercial content.\17\
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\11\ Federal Trade Commission: Definitions and Implementation
Under the CAN-SPAM Act; Final Rule, 70 FR 3110 (Jan. 19, 2005).
\12\ 16 CFR 316.3.
\13\ 16 CFR 316.3(a)(1).
\14\ 16 CFR 316.3(b).
\15\ 16 CFR 316.3(a)(2).
\16\ 16 CFR 316.3(a)(3).
\17\ 16 CFR 316.3(a)(3)(ii).
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The Rule also clarifies that the definitions of certain terms taken
from the Act and appearing in the Rule are prescribed by particular
referenced portions of the Act. These terms include: ``affirmative
consent,'' ``commercial electronic mail message,'' ``electronic mail
address,'' ``initiate,'' ``Internet,'' ``procure,'' ``protected
computer,'' ``recipient,'' ``routine conveyance,'' ``sender,''
``sexually oriented material,'' and ``transactional or relationship
message.'' \18\ The Rule also includes a severability provision that
provides that if any portion of the Rule is found to be invalid, the
remaining portions will survive.\19\
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\18\ 16 CFR 316.2(a), (c)--(n).
\19\ 16 CFR 316.6. The severability provision was previously
numbered section 316.5 when it was promulgated in January 19, 2005,
and applies to the entire Final Rule.
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Pursuant to its discretionary authority to issue regulations to
implement the provisions of the Act, the Commission promulgated
additional CAN-SPAM Rule provisions in 2008. These provisions: (1) Add
a definition of the term ``person;'' (2) modify the term ``sender'' in
those instances where a single email message contains advertisements
for the products, services, or Web sites of multiple entities; (3)
clarify that a sender may comply with section 7704(a)(5)(A)(iii) of the
Act by including in a commercial email message a post office box or
private mailbox established pursuant to United States Postal Service
regulations; and (4) clarify 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
page on an Internet Web site.\20\
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\20\ Federal Trade Commission: Definitions and Implementation
Under the CAN-SPAM Act; Final Rule, 73 FR 29654 (May 21, 2008).
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II. Regulatory Review of the CAN-SPAM Rule

The Commission periodically reviews all of its rules and guides.
These reviews seek information about the costs and benefits of the
agency's rules and guides, and their regulatory and economic impact.
The information obtained assists the Commission in identifying those
rules and guides that warrant modification or rescission. Therefore,
the Commission solicits comments on, among other things, the economic
impact and benefits of the Rule; possible conflict between the Rule and
state, local, or other federal laws or regulations; and the effect on
the Rule from any technological, economic, or other industry changes
since promulgation of the Rule.

III. Issues for Comment

The Commission requests written comment on any or all of the
following questions. The General Questions reflect those traditionally
raised at such a review. The Specific Questions are based on the CAN-
SPAM Act's express grant of specific or supplementary rulemaking
authority.\21\ All questions are designed to assist the public and
should not be construed as a limitation on the issues on which public
comment may be submitted. The Commission requests that responses to its
questions be as specific as possible, including a reference to the
question being answered, and reference to empirical data or other
evidence upon which comments are based whenever available and
appropriate.
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\21\ See 15 U.S.C. 7702(17)(B) and 7704(c)(1)-(2).
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A. General Issues

1. Is there a continuing need for the Rule? Why or why not?
2. What benefits has the Rule provided to consumers? What evidence
supports the asserted benefits?
3. What modifications, if any, should be made to the Rule to
increase its benefits to consumers?
(a) What evidence supports the proposed modifications?
(b) How would these modifications affect the costs the Rule imposes
on businesses, including small businesses?
(c) How would these modifications affect the benefits to consumers?
4. What impact has the Rule had on the flow of truthful information
to consumers and on the flow of deceptive information to consumers?
5. What significant costs, if any, has the Rule imposed on
consumers? What evidence supports the asserted costs?
6. What modifications, if any, should be made to the Rule to reduce
any costs imposed on consumers?
(a) What evidence supports the proposed modifications?
(b) How would these modifications affect the benefits provided by
the Rule?
7. What benefits, if any, has the Rule provided to businesses,
including small businesses? What evidence supports the asserted
benefits?
8. What modifications, if any, should be made to the Rule to
increase its benefits to businesses, including small businesses?
(a) What evidence supports the proposed modifications?
(b) How would these modifications affect the costs the Rule imposes
on businesses, including small businesses?
(c) How would these modifications affect the benefits to consumers?
9. What significant costs, if any, including costs of compliance,
has the Rule imposed on businesses, including small businesses? What
evidence supports the asserted costs?
10. What modifications, if any, should be made to the Rule to
reduce the costs imposed on businesses, including small businesses?
(a) What evidence supports the proposed modifications?
(b) How would these modifications affect the benefits provided by
the Rule?
11. What evidence is available concerning the degree of industry
compliance with the Rule?
12. What modifications, if any, should be made to the Rule to
account for changes in relevant technology or economic conditions? What
evidence supports the proposed modifications?
13. Does the Rule overlap or conflict with other federal, state, or
local laws or regulations? If so, how?
(a) What evidence supports the asserted conflicts?
(b) With reference to the asserted conflicts, should the Rule be
modified? If so, why, and how? If not, why not?

B. Specific Issues

1. Should the Commission modify the Rule to expand or contract the
categories of messages that are treated as transactional or
relationship messages?
(a) Why or why not?
(b) What evidence supports such a modification?
(c) How would this modification affect the costs the Rule imposes
on businesses, including small businesses?

[[Page 29256]]

(d) How would this modification affect the benefits to consumers?
2. As discussed above, the Rule tracks the CAN-SPAM Act in
prohibiting the sending of commercial email to a recipient more than
ten business days after the recipient opts out. Should the Commission
modify the Rule to reduce the time-period for processing opt-out
requests to less than ten business days?
(a) Why or why not?
(b) What evidence supports such a modification?
(c) How would this modification affect the costs the Rule imposes
on businesses, including small businesses?
(d) How would this modification affect the benefits to consumers?
3. Should the Commission modify the Rule to specify additional
activities or practices that constitute aggravated violations?
(a) Why or why not?
(b) What evidence supports such a modification?
(c) How would this modification affect the costs the Rule imposes
on businesses, including small businesses?
(d) How would this modification affect the benefits to consumers?

IV. Request for Comment

You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before August 31, 2017.
Write ``CAN-SPAM Rule, 16 CFR part 316, Project No. R711010,'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including, to the
extent practicable, on the public Commission Web site, at https://www.ftc.gov/policy/public-comments.
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at: https://ftcpublic.commentworks.com/ftc/canspamrulereview, by following the
instructions on the web-based form. If this Notice appears at https://www.regulations.gov/#!home, you also may file a comment through that
Web site.
If you prefer to file your comment on paper, write ``CAN-SPAM Rule,
16 CFR part 316, Project No. R711010'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex B), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
B), Washington, DC 20024. If possible, submit your paper comment to the
Commission by courier or overnight service.
Because your comment will be placed on the publicly accessible FTC
Web site at https://www.ftc.gov, you are solely responsible for making
sure that your comment does not include any sensitive personal
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number,
financial account number; or credit or debit card number. You are also
solely responsible for making sure that your comment does not include
any sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided in
section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the public FTC Web site--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC Web site,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
Visit the FTC Web site to read this document and the news release
describing it. The FTC Act and other laws that the Commission
administers permit the collection of public comments to consider and
use in this proceeding as appropriate. The Commission will consider all
timely and responsive public comments that it receives on or before
August 31, 2017. For information on the Commission's privacy policy,
including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-13471 Filed 6-27-17; 8:45 am]
BILLING CODE 6750-01-P

29254 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules

FEDERAL TRADE COMMISSION Assault of Non-Solicited Pornography materials from the subject heading and
and Marketing Act (‘‘CAN–SPAM Act’’ include in the subject heading of that
16 CFR Part 316 or ‘‘Act’’),1 regulates the transmission of email the phrase ‘‘SEXUALLY–
RIN 3084–AB38 all commercial electronic mail (‘‘email’’) EXPLICIT: ’’; and (2) provide that the
messages. The Act specifically prohibits content of the email message that is
CAN–SPAM Rule certain commercial email acts and initially viewable when the message is
practices 2 and establishes specific opened include only certain specified
AGENCY: Federal Trade Commission requirements for the content of these information, and not include any
(‘‘Commission’’ or ‘‘FTC’’). messages 3 to ensure that recipients have sexually oriented materials.9 The Adult
ACTION: Rule review; request for public the right to opt out of receiving them.4 Labeling Rule also exempts situations
comments. The Act explicitly directed the where a recipient has given his or her
Commission to issue regulations prior consent to receipt of a sexually
SUMMARY: The Commission is requesting ‘‘defining the relevant criteria to oriented message.10
public comments on its rule facilitate the determination of the
implementing the Controlling the In 2005, the Commission issued
primary purpose of an electronic mail
Assault of Non-Solicited Pornography message.’’ 5 The Act also mandated that CAN–SPAM Rule provisions that define
and Marketing Act (the ‘‘CAN–SPAM the ‘‘Commission in consultation with the relevant criteria to determine the
Rule’’ or ‘‘Rule’’). The Commission is the Attorney General shall prescribe ‘‘primary purpose’’ of an email
soliciting comments about the clearly identifiable marks or notices to message.11 To facilitate this
efficiency, costs, benefits, and be included in or associated with determination, the Rule describes four
regulatory impact of the Rule as part of commercial electronic mail that categories of messages—(1) messages
its systematic review of all current contains sexually oriented material, in that contain only commercial content,
Commission regulations and guides. All order to inform the recipient of that fact (2) messages that contain both
interested persons are hereby given and to facilitate filtering of such commercial content and ‘‘transactional
notice of the opportunity to submit electronic mail.’’ 6 In addition to these or relationship content,’’ (3) messages
written data, reviews, and arguments mandatory rulemakings, the Act also that contain both commercial content
concerning the Rule. provides discretionary authority for the and content that is neither commercial
DATES: Written comments concerning Commission to issue regulations nor ‘‘transactional or relationship,’’ (4)
the CAN–SPAM Rule must be received concerning certain of the Act’s other messages that contain only
no later than August 31, 2017. definitions and provisions.7 ‘‘transactional or relationship
Pursuant to the Act’s directive, the content’’—and provides criteria for
ADDRESSES: Interested parties may file a
Commission promulgated a rule styled determining the primary purpose of
comment online or on paper, by such email messages.12 Under the Rule,
following the instructions in the the Label for Email Messages Containing
Sexually Oriented Material (‘‘Adult if an email message contains only
Request for Comment part of the commercial content, the ‘‘primary
SUPPLEMENTARY INFORMATION section Labeling Rule’’) in 2004.8 The Adult
Labeling Rule provides that, any person purpose’’ of the message shall be
below. Write: ‘‘CAN–SPAM Rule, 16 deemed to be commercial.13 Similarly, if
CFR part 316, Project No. R711010,’’ on who initiates, to a protected computer,
the transmission of a commercial email an email message contains only
your comment, and file your comment transactional or relationship content,
online at https:// that includes sexually oriented material
must: (1) Exclude sexually oriented the ‘‘primary purpose’’ of the message
ftcpublic.commentworks.com/ftc/ shall be deemed to be ‘‘transactional or
canspamrulereview by following the 1 15 relationship.’’ 14 If an email message
U.S.C. 7701–7713.
instructions on the web-based form. If 2 Section 7704(a)(1) of the Act prohibits contains both commercial content and
you prefer to file your comment on transmission of any email that contains false or transactional or relationship content,
paper, write ‘‘CAN–SPAM Rule, 16 CFR misleading header or ‘‘from’’ line information.
then the primary purpose of the message
part 316, Project No. R711010,’’ on your Section 7704(a)(2) prohibits the transmission of
commercial email messages with false or shall be deemed to be commercial if: (1)
comment and on the envelope, and mail misleading subject headings. A recipient reasonably interpreting the
your comment to the following address: 3 Section 7704(a)(5) prohibits the initiation of a
subject line of the email message would
Federal Trade Commission, Office of the commercial email message unless it contains three
likely conclude that the message
Secretary, 600 Pennsylvania Avenue disclosures: (1) Clear and conspicuous
identification that the message is an advertisement contains the commercial advertisement
NW., Suite CC–5610 (Annex B), or solicitation; (2) clear and conspicuous notice of or promotion of a commercial product
Washington, DC 20580, or deliver your the opportunity to decline to receive further or service; or (2) the email message’s
comment to the following address: commercial email messages from the sender; and (3)
transactional or relationship content
Federal Trade Commission, Office of the a valid physical postal address of the sender.
4 Section 7704(a)(3) requires that a commercial does not appear, in whole or in
Secretary, Constitution Center, 400 7th email message contain a functioning return email substantial part, at the beginning of the
Street SW., 5th Floor, Suite 5610 address or similar Internet-based mechanism for
(Annex B), Washington, DC 20024. recipients to use to ‘‘opt out’’ of receiving future
9 16 CFR 316.4 (a). The Adult Labeling Rule was
commercial email messages. Section 7704(a)(4)
FOR FURTHER INFORMATION CONTACT: originally numbered section 316.1 when it was
prohibits the sender, or others acting on the
Christopher E. Brown, Division of sender’s behalf, from initiating a commercial email promulgated on April 19, 2004. In the August 13,
Marketing Practices, Bureau of to a recipient more than ten business days after the 2004, Notice of Proposed Rulemaking, the only
recipient has opted out. change proposed to the Adult Labeling Rule was to
Consumer Protection, Federal Trade renumber it as section 316.4. The Commission
rmajette on DSK2TPTVN1PROD with PROPOSALS

5 15 U.S.C. 7702(2)(C). The Act authorizes the
Commission, 600 Pennsylvania Avenue Commission to use notice and comment rulemaking requested comment on this proposed change and
NW., Washington, DC 20580, (202) 326– pursuant to the Administrative Procedures Act, 5 did not receive any responsive comments.
2825. U.S.C. 553. 15 U.S.C. 7711. 10 16 CFR 316.4(b).

6 15 U.S.C. 7704(d)(3). 11 Federal Trade Commission: Definitions and
SUPPLEMENTARY INFORMATION: Implementation Under the CAN–SPAM Act; Final
7 15 U.S.C. 7702(17)(B); 7704(c)(1)(A)–(C);

I. Background 7704(c)(2); 7711(a). Rule, 70 FR 3110 (Jan. 19, 2005).
8 Federal Trade Commission: Label for Email 12 16 CFR 316.3.

Enacted in 2003, and effective since Messages Containing Sexually Oriented Material; 13 16 CFR 316.3(a)(1).

January 1, 2004, the Controlling the Final Rule, 69 FR 21024 (Apr. 19, 2004). 14 16 CFR 316.3(b).

VerDate Sep<11>2014 14:38 Jun 27, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1

Document Created: 2017-06-28 01:10:20
Document Modified: 2017-06-28 01:10:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Rule review; request for public comments.
Dates		Written comments concerning the CAN-SPAM Rule must be received no later than August 31, 2017.
Contact		Christopher E. Brown, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580, (202) 326-2825.
FR Citation		82 FR 29254
RIN Number		3084-AB38