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US mulls compulsory tag on 'adult spam'

Tags:
Porn,
Adult Spam,
Tag,
Federal Trade Commission

Stefanie Olsen CNET News

Published: 29 Jan 2004 16:05 GMT

The Federal Trade Commission on Wednesday proposed a mandatory tag for commercial email that contains pornographic material -- a stipulation of the new federal anti-spam law enacted this month.

The FTC, which is charged with enforcing the Can-Spam Act, short for Controlling the Assault of Non-Solicited Pornography and Marketing, proposed a rule that would require senders of adult-related email to include the phrase, "Sexually-Explicit-Content:" in messages. That way, recipients would be able to recognise and easily filter such email before viewing it, according to the FTC and backers of the law.

The Can-Spam Act was signed into law in mid-December and became the nation's first federal legislation regulating spam. Among other rules, the law criminalises the act of sending commercial email with falsified headers or sending "sexually oriented" email that is not properly labelled.

Those labels have yet to be determined by the FTC, which has 120 days after the law's enactment to finalise a rule.

The proposal is the FTC's first move to pinpoint proper marks. The agency plans to solicit public comment on the label before making a final decision on 17 February.

As part of its proposal, the FTC would require senders to include the label in email headers and within messages, as part of a virtual "brown paper wrapper." The wrapper would "be what a recipient would initially see when opening a message containing sexually oriented material," according to the FTC, meaning that "no other information or images" would be visible at first.

In another example of the FTC's duties related to the anti-spam law, it must study the viability of setting up a "do not email" list akin to the commission's wildly popular National Do Not Call registry.

In a separate notice, the FTC called on consumers to protect their PCs from security breaches that can turn anyone into an unwitting spammer. As much as 30 percent of all spam is sent by compromised home computers, the FTC said, citing security experts. The commission asked consumers to be cautious about opening email attachments.