Some folks assume that ‘CAN-SPAM' means "we-can-spam," but the acronym for CAN-SPAM derives from the bill's full name: Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.

The bill defines spam as "any electronic mail message with the primary purpose of commercial advertisement or promotion of a commercial product or service." It exempts "transactional or relationship messages," along with religious messages, content that broadly complies with the marketing mechanisms specified in the law, and national security messages.

If you're scratching your head about where to start with compliance, here’s a few general tips to follow:

  • Don’t harvest email addresses from the Internet. Legitimate email marketers only communicate with persons they have permission to send to.
  • Don't send commercial emails from an email address you are not authorized to use. Recipients need to know what company is sending the message. Your physical address needs to be included in the email as well
  • Don't send emails to persons who have opted out of your list. This is kind of like the telemarketing do-not call list. And, if they don’t want your message, why would you waste your time sending them one? Your emails should include a valid opt-out method as well.
  • Don't send sexually explicit messages without alerting the recipient to the nature of the content in the subject line. This one’s self explanatory!
  • Don't mislead a consumer by enticing them with an engaging subject line, but sending content of a different nature. You can still grab people’s attention with your subject line, you just have to be upfront about what’s included in the email message.

For further research, you can read the entire bill by visiting the Federal Trade Commission website: (U.S.). If you’re sending outside the U.S., here are a few more resources: (Canadian Privacy Legislation), and (European Union Directive on Data Protection).

Keep in mind, we can only provide you with guidelines about CAN-SPAM legislation, you should consult your own legal counsel for specifics relating to your business.

Duane Crandall founded Tecknowledge Management, a leading Minneapolis-based web development firm since 1995. Crandall not only successfully survived the ‘dot-com crash,’ but rose above the rubble to develop web based systems that drive revenue utilizing the Internet. In 2004, Crandall expanded from a regional to a national business adding a new business unit, Knowledge Marketing. The core of this business specializes in automated marketing communications utilizing the Enterprise Communication Network (ECN), a web-based platform integrating online content, surveys, and permissions-based email marketing. Further expansion in 2005 included Knowledge Marketing Publishing Services (KMPS) that specializes in digital marketing services for the publishing industry. Today, Knowledge Marketing services hundreds of clients globally in markets that include: hospitality, trade show, publishing, college bookstores, multi channel retailers and many others.