a. the recipient must have expressly consented to receive the email, either in response to a clear and conspicuous request for such consent or at the recipients own initiative (active or ex-customers); and
b. if the email is from a party other than the party to which the recipient communicated such consent, the recipient must have been given clear and conspicuous notice at the time the consent was communicated that the recipients email address could be transferred to such other party for the purpose of initiating commercial email messages.
b. the ‘From’ field must accurately identify the person who initiated the message, and should not be false or misleading; and
Starting May 19, 2004 sexually explicit e-mail will have to bear a label reading "SEXUALLY-EXPLICIT:" and the messages themselves will not be allowed to contain graphic material, according to new Federal Trade Commission rules.<br>
Sender must EXCLUDE from the subject heading any sexually explicit words or visual depictions. This is also the case for the “initially viewable area.” of the email.
a. a recipient may use to submit, in a manner specified in the message, a reply email message or other form of Internet-based communication requesting not to receive future commercial email messages from that sender at the email address where the message was received; and
b. remains capable / active of receiving such messages or communications for no less than 30 days after the transmission of the original message.
c. requests for removal must be honored within 5 days, preferable sooner, or instantaneously.