Commentary

CAN-SPAM and Social Networking

Does the CAN-SPAM Act apply to unsolicited messages sent to social networking profiles?Â

Looks like that's a matter of some debate -- and one the courts are sorting through.

(Congress, of course, didn't anticipate the Facebook phenomenon when it passed the bill in 2003.)

One audience member says defiantly there are no current prohibitions on mass- mailing social network users. He says there is no "unsubscribe" option on MySpace. But while that opens up an enticing marketing opportunity, he says de facto rules regarding taste and propriety do apply.

On the flip side, a California court apparently has found "spamming" on social networking platforms illicit.

Regardless, it's widely expected that Congress or the courts will soon close any loophole -- and "spamming" social networking profiles will be off limits.   Â

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