Law Blog 2.0

Under the CAN-SPAM Act of 2003 employers, businesses and other private actors may have standing, if the entity provides access to content on the Internet even where the service is only a proxy and the service does not provide access to the Internet generally. To limit the amount of spam congress passed the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) which established requirements for those who send commercial email. Among other things the CAN-SPAM Act of 2003 specifically prohibits false or misleading header information in an email’s header data including “From,” “To,” and routing information (the originating domain name and email address). Section §7704(a)(1)(C) provides that: “header information shall be considered material misleading if it fails to identify accurately a protected computer used to initiate the message because the person initiating the message knowingly uses another protected computer to relay or retransmit the message for purposes of disguising its origin”. Email Spoofing is one type of activity that may be potentially prohibited under the CAN-Spam [...]