The system design of JSender compiles with the electronic message ordinance of the major
country.
United States CAN-SPAM Act
Federal Trade Commission
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Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to US$16,000,
so non-compliance can be costly. But following the law isn't complicated. Here's a rundown of
CAN-SPAM's main requirements:
Don’t use false or misleading header information. Your "From,"
"To,"
"Reply-To," and
routing information – including the originating domain name and email address –
must be accurate and identify the person or business who initiated the message.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must
disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you’re located. Your message must include your valid physical postal address.
This can be your current street address, a post office box you’ve registered with the U.S. Postal Service,
or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal
Service regulations.
Tell recipients how to opt out of receiving future email from you. Your message must include a clear and
conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the
notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size,
color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow
people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain
types of messages, but you must include the option to stop all commercial messages from you. Make sure your
spam filter doesn’t block these opt-out requests.
Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out
requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request
within 10 business days. You can’t charge a fee, require the recipient to give you any personally
identifying information beyond an email address, or make the recipient take any step other than sending
a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out
request. Once people have told you they don’t want to receive more messages from you, you can’t sell or
transfer their email addresses, even in the form of a mailing list. The only exception is that you may
transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
Monitor what others are doing on your behalf. The law makes clear that even if you hire another
company to handle your email marketing, you can’t contract away your legal responsibility to comply with
the law. Both the company whose product is promoted in the message and the company that actually sends the
message may be held legally responsible.
More Information
Hong Kong Unsolicited Electronic Messages Ordinance
Office of the Telecommunications Authority
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The Unsolicited Electronic Messages Ordinance ("the UEMO") has fully commenced on 22 December 2007.
Now, senders of commercial electronic messages are required:
1) to provide clear and accurate sender information in the message;
2) to provide an unsubscribe facility and an unsubscribe facility statement in the message;
3) to honour unsubscribe requests within ten (10) working days after the request has been sent;
4) not to send email messages with misleading subject headings.
In addition, the UEMO also prohibits:
1) the use of unscrupulous techniques to expand the reach of commercial electronic messages; and
2) fraud and other illicit activities related to the sending of multiple commercial electronic messages.
The Unsolicited Electronic Messages Ordinance - An Industry Guide
More Information
Singapore The Spam Control Act 2007
The Infocomm Development Authority of Singapore
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The Spam Control Act 2007, passed in Parliament yesterday, 12 April 2007, will provide this
framework as a means to address the still-growing and global phenomenon.
The law was developed by the Infocomm Development Authority of Singapore (IDA)
and the Attorney-General’s Chambers of Singapore (AGC), with inputs from the public,
people and private sectors, over the last three years.
1. The subject line and body of an electronic message must be in accordance with the Singapore Code of
Advertising Practice, ie they must be honest, clear, legal and decent.
2. A commercial electronic message must clearly identify the marketer and the subject matter at the
beginning of the message.
3. A valid return electronic address must be clearly identified in each commercial electronic message.
Commercial email messages must also clearly identify the physical address of the marketer, and
marketers are encouraged to use their company or brand names in their domain address and prominently
throughout their messages.
4. A bulk electronic message which is sent for primarily commercial purposes and which has neither been
requested nor consented to by the consumer must be clearly labeled as an advertisement or solicitation
by the inclusion of <ADV> followed by a space at the beginning of the subject field or, where there is no
subject field, at the beginning of the message.
5. All commercial electronic messages must provide consumers with a clear and conspicuous option, using
the same electronic method as the electronic message was sent, to be removed from lists used for future
commercial electronic messages from the marketer. The electronic remove feature must be easy to find,
easy to use, reliable, functional and prompt, and its effect must be to remove the recipient from all future
commercial emails from the marketer within 10 business days. While instructions for opting out can be in
other languages, there should be one version in English.
6. If a company sending commercial electronic messages has multiple distinct brands or affiliates, notice
and opt-out must be provided based on the likely perspective of the average consumer. Each separate
brand or affiliate, as the consumer is likely to perceive it, must offer notice and a process for removal from
marketing lists in their commercial electronic messages.
7. Marketers must not send commercial electronic messages to electronic addresses surreptitiously
acquired through automated mechanisms (such as robots or spiders) without the consumer’s consent.
Marketers must not send commercial electronic messages to electronic addresses acquired through
dictionary attacks or other mechanisms for fabricating electronic addresses without providing notice and
choice to the consumer.
8. Lists of electronic addresses, whether email addresses or phone numbers, should not be sold or provided
to unrelated third parties unless the owner of the list has provided notice and the ability to be removed
from such transfer to each address on the list. (Unrelated third parties are those companies and/or
entities that a reasonable consumer is likely to perceive as being distinct from the owner of the list.)
Marketers are encouraged to include in their marketing materials a statement regarding their adherence
to this policy.
9. A commercial electronic message sent via email should contain the marketer’s privacy policy, either
within the body of the email or via a link.
Email Marketing Checklist
More Information
Taiwan 940119 Governing Commercial Electronic Mail Abuse Act Draft
National Communications Commission
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第四條 發信人傳送商業電子郵件，應符合下列規定：
一、提供收信人有選擇不再接收來自同一發信人或廣告主同類郵件之機制。
二、於郵件主旨欄加註「商業」、「廣告」、或「ADV」之標示。
三、提供正確之信首資訊。
四、提供發信人之身分資訊及郵遞地址。
第五條 發信人不得有下列行為：
一、明知或可得而知收信人已為拒絕接收商業電子郵件之表示，仍為發送者。
二、明知或可得而知商業電子郵件之主旨有虛偽不實或引人錯誤之表示，仍為發送者。
940119 Governing Commercial Electronic Mail Abuse Act
More Information
Malaysia Communications and Multimedia Act 1998 - Section 233
Malaysian Communications And Multimedia Commision
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The Service Providers should address concerns about spam and consider methods of
managing such issues in such a way to ensure the protection of the Customers’ interest.
The Service Provider may consider the following measures in dealing with these issues: -
(a) To articulate a specific definition for spam so as to be clear what is being
addressed.
(b) To include the following general principles as contractual conditions in agreements
entered into between the Service Providers and Customers who may have the
propensity to produce spam:-
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(i) The Customer shall not engage in sending spam messages;
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(ii) Any breach of conditions shall result in the suspension and/or termination of
the Customer account. Such Customer may appeal for reactivation of the said
account in accordance with the Service Provider’s prevailing policies and procedures;
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(iii) Service Providers should provide specific guidance (in the form of an
Acceptable Use Policy (AUP)) on when sanctions or suspension and termination
of account would be imposed. The Acceptable Use Policy should impose an
obligation on the Customer to ensure that all commercial e-mails sent out by
the Customer are accompanied by or include the following information:-
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(a) Header information that is not false, deceptive or misleading
(b) A valid return e-mail address
(c) Functional unsubscribe facility (ie "opt out" facility
(d) Identity of sender
(e) Message be clearly labeled as commercial communication
(eg [ADVERTISEMENT] for advertisements, [COMMERCIALS] for
commercials etc.)
For the purpose of this provision, "commercial electronic message" shall
mean any electronic message that can be concluded to be for the purpose of
advertising, highlighting, promoting, selling and/or offering to supply any
goods, property, service and/or business or investment opportunity.
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(iv) The Service Providers should also provide their policies and procedures in
reactivating the services suspended due to violation of the AUP
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Malaysia Government Anti-Spam Toolkit
More Information
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