FTC CAN-SPAM Rule

The Federal Trade Commission (FTC) announced today that it has completed its first review of the CAN-SPAM Rule, which establishes requirements for commercial e-mail messages and gives recipients the right to opt out of receiving them.  The FTC voted to keep the Rule with no changes.  The Rule requires that a commercial e-mail contain accurate header and subject lines, identify itself as an advertisement, include a valid physical address, and offer recipients a way to opt out of future messages.  Three specific issues related to the CAN-SPAM rule were looked at by the FTC including whether the FTC should change the categories of messages treated as “transaction or relationship messages,” shorten the time period for processing opt-out requests, or specify additional activities or practices that might be considered as aggravated violations.  However, after reviewing the comments submitted, the FTC concluded that the Rule does benefit consumers and does not impose substantial economic burdens, and that no changes to the Rule were needed at this time.

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 The Regulatory Mix Today: FTC Reviews and Re-approves CAN-SPAM Rule, Assistant Attorney General Delivers Speech on Free Internet Services

Assistant Attorney General on Free Internet Services

Assistant Attorney General Makan Delrahim delivered the keynote address at the Silicon Flatirons Annual Technology Policy Conference speaking about the antitrust enforcement approach to free internet services.  Specifically, his speech focused on “how antitrust enforcers should think about “free” – or more accurately “zero-price” – products and services.”

Delrahim highlighted that most providers that provide a product for no cost usually recoup that money in other fashions such as through different products or consumers.  Delrahim concluded that antitrust law is concerned about consumer welfare, but only where consumer harm results from the reduction of competition, which distorts the free market.  “Our role as antitrust enforcers is to protect the free market, in which consumers are, as The Rolling Stones say, ‘free to choose what [product or service] they please any old time.’  We do this ideally by guarding against collusive and exclusionary behavior that distorts the free market.”  

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 The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.