- The Law
- How It Affects You
- What Types of Electronic Communication are subject to CAN-SPAM
- General Requirements for Commercial E-mail
- What Types of Electronic Communication are not subject to CAN-SPAM
- How Do You Comply with the New Law
- Internal Mailings
- External Mailings
- Opt-out Notice
- CAN-SPAM Legislation
A federal law related to commercial e-mail is now in effect. The "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" or "CAN-SPAM Act of 2003" was signed into law in January 2004. This law will provide some relief from the ever-increasing amount of spam e-mail that we all receive.
One of the keys to this new law is that it applies to many types of e-mail messages and has very specific requirements for commercial e-mail that offers or promotes products or services. Upon review we have found that this law applies to a considerable amount of e-mail that is sent to recipients both on and off campus from USD organizations and individuals. This laws covers not only unsolicited commercial e-mail, but also electronic communications where the recipient has initiated the exchange. There are some exceptions for e-mail sent as a result of our transactional relationship (students, employees, vendors, etc.), however the exclusions are very specific and examples are detailed below.
In general we must ensure that we are truthful in addresses and subject descriptions and offer recipients an opportunity to decline from receiving future messages. It is important to remember that if an individual has opted out from receiving unsolicited commercial e-mail from USD and is sent another e-mail message covered by this law, then the University can be fined up to $750 per unlawful message. To reduce the possibility of this occurring we are in the process of instituting policies and capabilities to comply with the law while minimizing the effect on the business of the University.
Any individual, group, or organization (internal or external to USD) that sends an e-mail on behalf of the University that promotes a commercial product or service is affected. Frequently as part of our normal course of business, e-mail messages are sent to faculty, staff, students, alumni, and others informing them of upcoming events and activities. If there is a charge for engaging in these activities or receiving services, then this new law is applicable. The law does not make a distinction between an electronic communication to a single recipient or a mass e-mail campaign.
While the new law covers all commercial e-mail, there are specific requirements to provide notices and opt-out capability for specific types of e-mail messages.
Here are some examples of messages that would be affected by the new law:
- Tickets for a play, movie or event where there is charge for admittance. It doesn't matter whether the event is on or off our campus.
- E-mail sent to student prospects. You must provide them with an opt-out notice, even if they have initiated the e-mail exchange.
- An offer to sell computers, cars, furniture, or just about anything. This applies whether you are offering the items through your capacity at USD or using your USD e-mail account for personal use. If it is on behalf of the University, then USD is considered the sender.
- An external organization sending electronic e-mail on behalf of the University. For example a marketing or publishing company that sends an electronic newsletter or e-mail that contains any promotion for a commercial product or service such as an athletic event, play, or exhibit.
- An e-mail that contains a Web link to a USD site that promotes a product or service. For example, a link to a USD Web page that sells clothing. This would not apply if you were including a link to http://www.sandiego.edu in a non-commercial e-mail message.
- Provide recipients with a clear and conspicuous opportunity to decline (opt-out) to receive further commercial e-mail messages from USD. We can provide an opportunity for the recipient to specify the types of messages they decline to accept. In any case we must provide the capability for them to opt-out from all commercial e-mail from USD.
- Include a fully functional and clearly displayed return e-mail address or other Internet-based mechanism to comply with the opt-out option described above.
- If the e-mail message is unsolicited (exchange not initiated by the recipient) they you must clearly indicate that it is an advertisement or solicitation. The opt-out message we provide below provides this notification.
- Include the valid physical postal address of USD. Post office boxes are not acceptable.
- Subject lines and headers must be accurate. This applies to all e-mail.
- The "from" line must be accurate. No anonymous, fictitious, or misleading addresses are permitted.
If the e-mail is directly related to an employment or transactional relationship or is non-commercial in nature, then it is not affected. This is narrowly defined by the law and doesn't provide for very much variance. Here are some examples that would be exempt from the new law:
- Human resources sending e-mail directly related to benefit plans in which the recipient is currently involved, participating, or enrolled. An e-mail describing changes in benefits would be exempt, while an e-mail describing discounts for products or services would require the disclaimer.
- Financial Aid sending e-mail related to loans and grants for which the student is either currently receiving or has applied for consideration.
- An electronic message that details charges that are owed to the University.
- Announcements of free events or services. If any money is collected, whether or not it is clearly indicated in the e-mail, it is covered by the law.
- An electronic newsletter sent by an external organization on behalf of USD that does not contain any solicitation or advertisement of product or services.
While e-mail that is clearly not commercial in nature is exempt from the disclaimer, it may be prudent to offer individuals an opportunity to opt-out from your list. Of course this would not be applicable to e-mails that involve a transactional relationship.
If your e-mail message meets the above criteria we have developed methods for both internal and external mailing. If in doubt, please call the Tech Support Center (x7900) and we will help you make the determination.
We have modified the on-campus mass e-mail system to accommodate the new law. You can submit your e-mail through the existing approval process and we will append the necessary notice and only send your message to the appropriate individuals.
We have two methods of compliance:
1. A Web site has been created where you can compose your message (or cut and paste) and upload your list of addresses. The system will automatically append the required notice and cleanse your list of opt-out addresses before sending the message. This is a limited access site, currently only available to a few people that represent the Vice Presidents in their area.
NOTE: If you need access to this site, please contact the Tech Support Center and we can help you.
2. Another capability on the Web site is the ability to upload an address list and the system will purge your list of opt-out addresses and then return to you a clean list. This address list is a file that contains e-mail addresses that are delimited by commas, tabs, or one on each line.
You can then take your list and use your own e-mail program to compose and send your message. You will need to append the opt-out notice at the end of your message.
If you have external organizations that send e-mail on the behalf of USD, you could pass the address list through this system and obtain a clean file that can be sent to the vendor. It will be important that everyone uses the same opt-out link for e-mail. This is especially important for external vendors. If they don't use our opt-out link, we won't know the preferences of the recipients for other e-mail, which could jeopardize our compliance.
The following notice will be appended to all commercial e-mail messages:
This message is considered a commercial message. You have the option of opting out of receiving commercial messages from USD or only from a specific area. See http://www.sandiego.edu/optout/ to opt out of commercial messages from USD to this address. University of San Diego 5998 Alcala Park San Diego, CA 92110-2492 (619) 260-4600.