Developing Effective Messages

							The CAN-SPAM Act
and what it means for MIT communicators

Marsha Sanders
Senior Communications Officer
Monica Lee
Director, Publishing Services Bureau




                                   MIT Info Group, January 19, 2005
                                    MIT Info Group, January 19, 2005
                                                            Page 1
What is the CAN-SPAM Act?
   Controlling the Assault of Non-Solicited
    Pornography And Marketing Act of 2003
   It does more than the name implies
     First law with national standards for sending
      commercial emails and email newsletters; this is the
      first law to go beyond spammers
   Effective January 1, 2004 under Federal Trade
    Commission (FTC) enforcement; pre-empts
    state spam laws
                                       MIT Info Group, January 19, 2005
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But we are a non-profit institution!
   Under tax law, we are not commercial; under
    Intellectual Property law, we can be commercial
   Universities sometimes engage in commercial
    email campaigns without an education-specific
    purpose
   Although the legislation doesn’t apply specifically
    to non-profits, we recommend:
    Adhere to well-defined best email practices!

                                    MIT Info Group, January 19, 2005
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Examples of commercial emails
 Emails promoting sporting or theatrical events
 Emails promoting products of the institution
     Credit cards, embossed clothing, publications (other
      than educational publications)
   Email newsletters to alumni promoting products
    or services (other than educational trips)
   Are you already working with Jim Morgan’s
    office (MIT Controller)?


                                        MIT Info Group, January 19, 2005
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Exempt Commercial Emails
 Transactional or relationship messages
     Facilitate, complete or confirm a transaction
     Provide warranty, product recall, safety or security
      information
     Notify concerning a subscription, membership, account,
      or other relationship
     Provide HR or benefits information to employees
     Deliver solicited goods or services
   Emails serving the Institute’s purpose of advancing
    education (example: charitable donations,
    prospective student recruitment, conferences)
                                       MIT Info Group, January 19, 2005
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Commercial Email – Recipients
 CAN-SPAM protects all spam recipients:
    consumers, businesses and organizations
   It applies to both a mass email campaign and
    email sent to one specific email address; does
    not apply to email sent to a Web site
   Covers email addresses specific to a wireless
    device
     Prior express consent required (must opt-in)
     In effect October 2004, enforced by the FCC; FCC
      will develop database of wireless numbers)
                                      MIT Info Group, January 19, 2005
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Hybrid Messages
 Subject to CAN-SPAM if “the average
    consumer would reasonably conclude that the
    email is an advertisement”
   Key components
     Subject line
     Beginning of message
   Subject to FTC’s final definition of a
    commercial email – released last week


                                   MIT Info Group, January 19, 2005
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FTC Definition of Commercial Email
Released 1/12/05; effective 3/28/05




                                      MIT Info Group, January 19, 2005
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FTC Commercial Definition: Hybrid
 For emails containing both commercial and
  “transactional or relationship” content, the
  primary purpose will be considered commercial
  if either:
   A recipient reasonably interpreting the subject line
    of the email would likely conclude that the message
    contains commercial content, or
   The email’s “transactional or relationship” content
    does not appear in whole or substantial part at the
    beginning of the body of the message

                                      MIT Info Group, January 19, 2005
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FTC Commercial Definition: Hybrid
 For emails containing both commercial and
  content that is neither transactional nor
  relationship , the primary purpose will be
  considered commercial if either:
   A recipient reasonably interpreting the subject line
    of the email would likely conclude that the message
    contains commercial content, or
   A recipient reasonably interpreting the body of the
    message would likely conclude that the primary
    purpose of the email is commercial (relevant factors
    include proportion of commercial/non-commercial
    content, graphics, type size and style)
                                      MIT Info Group, January 19, 2005
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International Emails: Europe
 European emails already subject to more
    severe rules than those established by CAN-
    SPAM (commercial and non-commercial)
   The European Union (E.U.) must protect their
    residents against unsolicited direct marketing
    emails as of November 1, 2003
   No commercial email can be sent without the
    recipient’s prior consent unless there is an
    existing transaction or sale
                                    MIT Info Group, January 19, 2005
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CAN-SPAM Email Checklist
An honest, non-deceptive, subject line and
  message text consistent with the subject line
Opt-out mechanism (simple “unsubscribe” or
  URL to a web site to opt-out)
Working return email address (the “From:”
  line should not be ambiguous)
Valid physical postal address of the sender
  (no post office boxes) in signature block

                                  MIT Info Group, January 19, 2005
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Checklist: Subject Line
 A clear and conspicuous identification that the
  email is an advertisement or solicitation (no
  requirement to include any particular language
  or labeling such as “advertisement”)




                                  MIT Info Group, January 19, 2005
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Checklist: Opt-Out
 A working return email address or automated
    means to opt-out that must function for 30 days
    after the email was sent
   Opt-out request must be honored within 10 days
   The sender may not disclose the recipient’s email
    address to third parties
   Opt-out process should be specific to the unit of the
    Institute that sent the email; do not bind the entire
    Institute from sending emails to this person
                                     MIT Info Group, January 19, 2005
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Mail lists: IS&T’s Mailman
 Web-based list management system
 Spam filtering privacy option: owners control
    what gets sent to the list
   Prevent unwanted posts
   Using an outside vendor for mass email
    campaigns must follow the same ethical
    standards that MIT uses (lists may not be sold,
    for example)

                                    MIT Info Group, January 19, 2005
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What are other schools doing?
 Penn State: Marketing Privacy communication
 U of Chicago: Mass and Bulk Mailings policy
 Stanford University:
  Email on anti-spam
  laws to the community




                                  MIT Info Group, January 19, 2005
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Sources
 Amy Worlton, Wiley Rein & Fielding, LLP,
    December 7, 2004 audio seminar, sponsored by
    ACUTA
   CAN-SPAM Act
     http://www.spamlaws.com/federal
     http://www.ftc.gov/bcp/conline/pubs/buspubs/
      canspam.htm
   FTC definition of commercial email
    http://www.ftc.gov/opa/2005/01/primarypurp.htm

                                      MIT Info Group, January 19, 2005
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Contacts
 Marsha Sanders
    Senior Communications Officer
    marshas@mit.edu
   Monica Lee
    Director, Publishing Services Bureau
    molee@mit.edu
   Ann Hammersla
    Senior Counsel for Intellectual Property
    ahammer@mit.edu
                                    MIT Info Group, January 19, 2005
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