15 U.S.C. 7707 CAN-SPAM · Chapter 103: CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING
15 U.S.C. 7707 CAN-SPAM: Effect on other laws
United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026.
Official text
Federal law
Nothing in this chapter shall be construed to impair the enforcement of section 223 or 231 of title 47, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
Nothing in this chapter shall be construed to affect in any way the Commission’s authority to bring enforcement actions under FTC Act for materially false or deceptive representations or unfair practices in commercial electronic mail messages.
State law
In general
This chapter supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.
State law not specific to electronic mail
This chapter shall not be construed to preempt the applicability of—
State laws that are not specific to electronic mail, including State trespass, contract, or tort law; or
other State laws to the extent that those laws relate to acts of fraud or computer crime.
No effect on policies of providers of Internet access service
Nothing in this chapter shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.
Source: United States Code, title 15, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced.
Source credit: ( Pub. L. 108-187, § 8 , Dec. 16, 2003 , 117 Stat. 2716 .)
15 U.S.C. 7707 on the Office of the Law Revision Counsel
United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026.
This is reference material, not legal advice.