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Simple English definitions for legal terms
Table 1: Overarching Anti-Spam Frameworks in the United States, Canada, and the European Union
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A quick definition of Table 1: Overarching Anti-Spam Frameworks in the United States, Canada, and the European Union:
Table 1: Overarching Anti-Spam Frameworks in the United States, Canada, and the European Union
The purpose of this table is to provide a quick comparison of the main anti-spam laws in the United States, Canada, and the European Union. It shows whether the laws require people to opt-in or opt-out of receiving emails, who enforces the laws, and whether people can sue spammers. The table also indicates whether the laws override local laws and whether they require additional laws to be passed by individual states or countries. For more detailed information, please refer to the linked materials.
A more thorough explanation:
| United States | Canada | European Union |
|---|---|---|
| CAN-SPAM Act of 2003 | Canadian Anti-Spam Law of 2010 | E-Privacy Directive (2002/58/EC) |
| Opt-Out | Opt-In | Opt-In |
| Federal Trade Commission | Canadian Radio-television and Telecommunications Commission | National Regulatory Authorities |
| Only for “internet access service” providers | Yes | Depends on Member State implementing legislation |
| Preempts most state laws relating specifically to commercial email | Establishes minimum standards that provinces and territories may exceed | Directs member states to enact implementing laws |
The table above provides a quick comparison of the anti-spam frameworks in the United States, Canada, and the European Union. The table includes information on the laws, recipient opt-in versus opt-out regime, primary regulator, private right of action, and relationship to local law.
For example, the United States follows an opt-out regime, which means that companies can send commercial emails unless the recipient explicitly requests to be removed from the mailing list. In contrast, Canada follows an opt-in regime, which means that companies must obtain explicit consent from the recipient before sending commercial emails. The European Union also follows an opt-in regime, but the implementation of this regime depends on the member state.
Another example is the primary regulator. In the United States, the Federal Trade Commission is responsible for enforcing the CAN-SPAM Act of 2003. In Canada, the Canadian Radio-television and Telecommunications Commission is responsible for enforcing the Canadian Anti-Spam Law of 2010. In the European Union, each member state has its own national regulatory authority.