Dear LinkShare Affiliate:
As you may know, Congress is very close to passing a national anti-spam bill, which is more colloquially known as the CAN SPAM Act. In order for the bill to become law, both branches of Congress must pass the bill in identical form. The bill must then be signed by President Bush. As of today, the most current corrected and conformed version of the CAN SPAM Act is slated for vote by the House when it reconvenes on December 8, and is fully expected to be passed. Once the House votes on this final version of the bill, the White House has indicated that President Bush will sign the measure into law. If all this happens before the government's holiday recess, the CAN-SPAM Act will take effect on January 1, 2004, pre-empting all existing state legislation (nearly 40 states have enacted or have pending anti-spam legislation), including the recent California anti-spam law (SB 186).
We at LinkShare view the federal CAN SPAM Act as a positive development. It clearly outlaws and prohibits the kind of offenses that are commonly committed by spammers, offenses that have threatened to destroy what is and will continue to be a legitimate and powerful marketing tool when used responsibly and properly. At the same time, by preempting and overriding the nearly forty state laws that have been enacted or are currently pending, the CAN SPAM Act provides the foundation for the establishment of a national standard, which is the only practical way to address marketing methods that traverse the Worldwide Web. To help you understand the current legislative situation and plan for the potential outcomes, LinkShare has prepared a document that summarizes: 1) The CAN SPAM Act's major provisions; 2) How the CAN SPAM Act differs from California SB 186; and, 3) How the CAN SPAM Act may impact you.
You can access it directly through this link:
http://www.linkshare.com/documents/CANSPAM_Update_1203_affiliate1.doc
LinkShare remains committed to representing your interests and keeping you informed of macro-level developments that affect how online marketers do business. Please note, however, that our summary and recommendations with regard to recent anti-spam legislation is in no way a substitute for consulting with your legal department for a specific understanding of how these laws impact your individual business.
If you have additional questions or concerns, please contact us at contact@linkshare.com.
Best regards,
Your LinkShare Team
