WHAT IS SPAM?

"SPAM" as applied to email means Unsolicited Bulk Email ("UBE"). This means that the recipient of the email has not granted verifiable permission for the message to be sent. In addition, the email in question is sent in bulk meaning that the message is sent as part of a larger collection of messages, all having substantively identical content to numerous people. To be a SPAM email means that it is both unsolicited and sent in bulk. The technical definition of SPAM is an email message where:
(1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; and
(2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.

In regards to whether an email message is SPAM, the content of the email is irrelevant. SPAM is about the consent of the recipient. So regardless of whether the email is an advertisement, an attempt to defraud, pornographic, or anything else, the content is irrelevant - if the message was sent unsolicited and in bulk then the message is spam.

It is important to recognize this distinction because legislators are constantly attempting to regulate the content of SPAM, and often end up drafting legislation that raises free speech issues, without realizing that the spam issue is solely about the delivery method not the content. The vast majority of internet service providers worldwide ban SPAM. In addition, numerous products are available to block SPAM.
Legislation

Many jurisdictions have implemented legislation to control what they call "SPAM". One particular example is The CAN-SPAM Act, short for Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, which basically establishes guidelines for the Federal Trade Commission (FTC) to thwart those unwanted e-mails. 15 USC 7701; Public Law 108–187. This law came into effect on January 1, 2004.

CAN-SPAM is intended to: (1) prohibit fake or misleading e-mail headers; (2) require an "opt-out" button to block future mailings; (3) demand that the subject line identify sexually explicit e-mails; (4) forbid "harvesting" e-addresses in bulk from the Internet; and (5) fine the most offensive spammers - or jail them for up to five years.

Individual consumers can also have an impact. Forwarding spam to their ISP's as well as to the FTC at uce@ftc.gov may help. The FTC is now obligated by law to chase down the worst offenders.
What about SPAM in Florida?

We all know that SPAM is annoying and sometimes offensive or fraudulent. However, not all unsolicited commercial e-mail or SPAM is illegal. Florida’s Electronic Mail Communications Act (Fla. Stat. 668.60 et seq.) prohibits fraudulent, false or deceptive e-mail messages and the distribution of software designed to falsify information in the e-mail header, which conceals the source of the e-mail message.

Under the new Act, someone sending SPAM may be sued by the Attorney General, as well as by Internet Service Providers. Spammers may also have to pay actual damages or damages of $500.00 for each unlawful message plus attorney’s fees and costs. Violators of the Electronic Mail Communications Act are also subject to additional remedies and penalties available under other federal and state laws.

Florida’s definition of SPAM is content and consent based. That is, email is prohibited if the e-mail message: (1) was sent for commercial or business purposes; (2) was unsolicited and was not from a person with whom you have entered into a transaction or had a prior relationship; (3) was received by a Florida resident or sent from a computer in Florida; and any one of the following: (1) contains false or misleading information in the subject line; (2) contains a false header (falsified or missing routing information or otherwise obscures the path of the email from the sender); or (3) contains false or deceptive information in the email body designed to cause damage such as a trojan horse or virus. Penalties are applicable to those initiating or assisting in the transmission of the illegal SPAM.

If you have received SPAM prohibited under Florida law, you may File a Complaint with the Florida Attorney General’s Office. (“AGO”) SPAM complaints filed with the AGO are entered into a database for potential enforcement action by the Attorney General. The AGO monitors complaints for trends and to identify potential targets for enforcement. The AGO receives a tremendous volume of SPAM complaints and will not send a personal response. However, you will receive an electronic confirmation that your complaint has been received by the AGO.

Useful Links:

File a Complaint with the Florida Attorney General’s Office

Florida Electronic Mail Communications Act (Fla. Stat. 668.60 et seq.)