Effective January 1, 2004, the CAN-SPAM ACT of 2003 (a/k/a "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003") (the "Act") supersedes existing anti-spam laws in thirty-six states.
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The Act applies to U.S. businesses who send commercial e-mail and is defined in the Act as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet web site operated for a commercial purpose)." (section 3(2)(A)). However, it is important to note that the inclusion of a reference to a business or a link to web site in an electronic mail message does not, by itself, cause such e-mail message to be treated as a commercial e-mail message for purposes of the Act if the contents or circumstances of the message indicate a primary purpose other than commercial advertisement or promotion of a commercial product or service.