California  |  Technology Law

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3/14/06, 4:28 pm

Legal Question


CAN-SPAM question about ''commercial'' definition

I am the managing editor of a free, digital-delivery politics and policy journal. We are looking into ways to build our circulation, and I am concerned about CAN-SPAM. Because our publication is legitimate and delivered free as a PDF file, (recipients aren't directed to a Web site, nor do they have to register), are our delivery e-mails considered ''commercial?'' We include an opt-out option, as well as the other information required by CAN-SPAM.

Can we select published email addresses for groups of people we believe would be interested in the publication and then send it to them? Of course, there are a few ads inside the magazine itself, but no more (actually much less) than in a traditional magazine.


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