Industry News

FTC postpones effective date of Can-Spam Rule

60 days required for congressional review

The Federal Trade Commission has postponed the effective date of rule provisions it adopted Dec. 16, 2004, establishing criteria for determining whether the primary purpose of an e-mail message is commercial. The Commission adopted these regulations in accordance with a specific requirement of the CAN-SPAM Act. When the FTC adopted these rule provisions, it determined that they would become effective on Feb. 18, 2005. Recently, however, the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) has determined that the provisions constitute a "major rule" under the Small Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. Sec. 801-808. Under that Act, a major rule cannot take effect until at least 60 days after it is published in the Federal Register and submitted to Congress. As a result, the Commission has revised the effective date in accordance with OIRA's determination and the requirements of SBREFA. The revised effective date will be ...