4 Chi.-Kent J. Intell. Prop. 1 (2004-2005)

handle is hein.journals/jointpro4 and id is 1 raw text is: <--- 4 CHI.-KENT J. INTELL. PROP. 1 --->
CAN-SPAM: A First Step to No-Spain1
By
Grant C. Yang
 2004, Chicago-Kent Journal of Intellectual Property
On December 16, 2003, President George W. Bush signed the first federal law regulating
spam.2 The law, titled the Controlling the Assault of Non-Solicited Pornography and Marketing
Act of 2003 (CAN-SPAM), has garnered much criticism from scholars and the Internet
community. Its effectiveness has even been questioned3 by the Federal Trade Commission
(FTC), the regulatory agency in charge of administering the law.4 On the other hand, the law,
effective as of January 1, 2004,5 has the support of both Internet Service Providers (ISP)6 and the
advertising industry.7 It has been regarded by many as a necessary step in order to combat the
growing amount of spain. Critics contend that it is less effective than many of the current state
laws. However, they must realize that CAN-SPAM is not meant to be a cure-all. Instead, it is a
I This article is based on information, as available to the author, as of Mar. 7, 2004. Grant Yang is a candidate for
JD/LLM in International and Comparative Law, class of 2005. The author would like to thank Jason Yang, Kristen
Freeman, Andrew Wasson and Dessa Baker for their help and support, as well as the staff of the Chicago-Kent
Journal of Intellectual Property.
2 Declan McCullagh, Bush OKs Span Bill--But Critics Not Convinced, CNET NEWS.COM, at
http://news.com.com/2100-1028_3-5124724.html?tag-prntfr (last modified Dec. 16, 2003).
3 Id. (Tim Muris, chairman of the FTC said the measure, could actually be harmful to the FTC's ongoing efforts to
sue spammers.).
4 Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, Pub. L. No. 108-187,  7(a),
117 Stat. 2699, 2711 (2004) (this Act shall be enforced by the Commission as if the violation of this Act were an
unfair or deceptive act or practice proscribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57(a)(1)(B)); Id.  3(D)(3) (COMMISSION.--The term 'Commission' means the Federal Trade
Commission.).
5 Id.  16 (EFFECTIVE DATE. The provisions of this Act, other than section 9, shall take effect on January 1,
2004.).
6 See Anti-Spam Law Near, But Critics Take Aim, CNN/MONEY, Nov. 24, 2003, at
http://money.cnn.com/2003/11/24/technology/spain law/index.htm.
7 Stefanie Olsen, Ad Groups Lobby for Antispam Law, CNET News.com, at http://news.com.com/2100-1024-
5107059.html?tag-nl (last modified Nov. 13, 2003) (Powerful advertising trade groups such as the American
Association of Advertising Agencies (AAAA), the Association of National Advertisers (ANA) and the Direct
Marketing Associating (DMA) have been pushing Congress to pass a federal antispam law.).

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