> Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list.
To me it seems more of an honor-based system rather than one there's any enforcement for. Much like the Do Not Call list.
I don't care if a spam email has an unsubscribe link or the sender is clearly labelled. Once it's received and seen, the damage is done.
Given that SMTP is a relay system, would the first US-soil SMTP gateway machine a message travels through be its legal "sender" (in the way that e.g. the importer of a foreign medical device is liable if it's not FDA-approved)? One would think this would legally force those gateways, when handling foreign-originated spam, to slap their own address on them with their own unsubscribe link, that would—if clicked—then block those messages from coming through that gateway.
We could always send gunboats to reduce cities whose citizens send unsolicited emails to the U.S. … /s
More seriously, this does seem like the sort of thing which could be addressed through bilateral or multilateral negotiations, including between the private firms who own the international Internet connexions.
Actually, you ARE allowed to send unsolicited email, even commercial (UCE). It has to be clearly labeled, contain the postal address of the sender, and contain unsubscribe links. Also, CAN-SPAM only applies to senders in the U.S. (unfortunately).
https://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003#Applicabi...