Question

Class CCSI-360 Quiz: 4

Question 13

(TCO 6) Identify the major components of the CAN SPAM Act and explain the concept behind the act.

Question 14

(TCO 7) Explain the concept of the right of privacy and provide examples of privacy protections.

Answer 1

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13)

The CAN-SPAM Act applies to any person or business entity that initiates or sends a commercial e-mail message to a business or individual consumer (regardless of whether the message is unsolicited). Commercial e-mail messages must generally comply with the following requirements:

• No false or misleading header information
• No deceptive subject lines
• Inclusion of an opt-out mechanism
• Inclusion of the sender’s valid physical postal address
• Identification of the message as an advertisement or solicitation¹

A commercial e-mail message is defined as any e-mail that has a “primary purpose of . . . commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).

The CAN-SPAM Act is enforced primarily by the Federal Trade Commission (FTC), which can seek civil penalties of up to $16,000 per violation (with no maximum penalty). The CAN-SPAM Act may also be enforced, in certain circumstances, by various other federal agencies (including the Federal Communications Commission (FCC)), state attorneys general, and Internet Service Providers (ISPs). There is no private right of action.

14)

The right of privacy is defined as an individual's legal right, not explicitly provided in the United States Constitution, to be left alone and live life free from unwarranted publicity. It was important for the early settlers that their homes and persons be protected from unwarranted governmental intrusion (the basis of the Fourth Amendment), the right to be one's own person (the basis of the First Amendment) and the right against self-incrimination (the Fifth Amendment.) All of these specifically mentioned rights have the undertone of a person's right to privacy. Therefore, the Ninth Amendment and Fourteenth Amendment specifically note that rights not mentioned in the Constitution should not be taken to mean that the people don't have them. And the courts have followed that logic.

Privacy rights are considered fundamental rights. Certain fundamental rights are protected under the Constitution. Therefore, if they are given to some people but not to others, then it's a violation of the Constitution. When courts are looking to see if someone's privacy rights were violated by the government, they look to see if the government's action was necessary to protect a compelling interest.

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