Electronic Mail Acceptable Use Policy

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On December 16, 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003, Pub. L. No. 108-187, 117 Stat. 2669 (2003) requiring the Federal Trade Commission to issue regulations defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message, specifically commercial electronic mail messages. An electronic mail acceptable use policy is a document stipulating constraints and practices that users must agree to and comply with when accessing and using the organization’s network system and electronic mail servers. The electronic mail acceptable use policy is a component of the Individual Use and Operation of Information…show more content…
L. No. 100-235 (H.R. 145), (Jan. 8, 1988)

C. Electronic Communications Privacy Act of 1986 (ECPA), 18 U. S. C. § 2510 et seq.

D. Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq.

E. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003(CAN-SPAM), 15 U. S. C. § 103 et seq.

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have entities stop emailing them, and sets forth the penalties for violations. However, the law does not apply just to bulk e-mail. “It covers all commercial messages, which the law defines as ‘any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service” (Federal Trade Commission, 2009).

If an entity is found guilty of violating the CAN-SPAM Act, each separate email in violation is subject to penalties of up to $16,000 and more than one person may be held responsible for violations. The CAN-SPAM Act has certain aggravated violations that may give rise to additional fines. The law provides for criminal penalties—including imprisonment—for:

· Accessing someone else’s computer to send span without permission.

· Using false information to register for multiple email accounts or domain names.

· Relaying or retransmitting multiple spam messages through a computer to mislead others about
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