FTC Charges Spammers Under CAN-SPAM

[John Glube]

The FTC announced earlier today the first federal criminal case under the CAN-SPAM Act against residents in Illinois.

At the same time, the Feds announced a separate civil action to go after Australian and New Zealand nationals under the Federal law.

Many foreign nationals have posed the question, why should I be concerned?

Hopefully this action will put to rest this view, especially in the case of the action taken against the New Zealand resident.

Why? Unlike Australia, New Zealand does not have specific legislation dealing with spam although it does have laws dealing with unfair and deceptive trade practices.

To review the formal press release by the Commission:
http://www.ftc.gov/opa/2004/04/040429canspam.htm

In the case of the foreign nationals, the underlying fact connection? The product was being dropped shipped by a US supplier to American consumers in response to a claimed illegal promotional effort by the foreign nationals.

According to the memo filed by the FTC with the Court in support of the restraining order, the foreign nationals are listed in Spamhaus's Registry of Known Spam Operations.

Will this help? Only time will tell. But it clearly is a step in the right direction.

Regards,

John Glube
Toronto, Canada