Legal Definitions - CAN-SPAM Act of 2003: Policy Goals and Purposes

The CAN-SPAM Act of 2003 is a law that regulates commercial email on a nationwide basis. The Act has three main policy goals:

1. Senders of commercial email should not mislead recipients as to the source or content of email.
2. Recipients of commercial email have a right to decline to receive additional commercial email from the same source [i.e. a right to "opt-out"].
3. There is a substantial government interest in regulation of commercial email on a nationwide basis.

The Act also requires businesses to include a valid physical address in the email message, and to provide "clear notice" that the message is an advertisement or solicitation. Additionally, businesses are prohibited from knowingly promoting, or permitting the promotion of, their trade or business through email transmitted with false or misleading sender or routing information.

For example, if a company sends an email advertising a product, they must clearly state that it is an advertisement and provide a way for the recipient to opt-out of future emails. The company must also include a valid physical address in the email.

These policy goals and requirements help protect consumers from misleading or unwanted commercial emails, while still allowing businesses to use email as a marketing tool.