Jury Still Out on CAN-SPAM: Case for the Prosecution. CAN-SPAM gives no remedy to those who have inadvertently given permission to resell their email address to third parties. This problem has arguably been better addressed in the European Union with its E-Privacy Directive.

All the successful high-profile U.S. actions to date have been against state laws. There are several CAN-SPAM actions in the pipeline right now. Gathering evidence, finding spammers, and prosecuting them takes time ... Richi Jennings