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July 2010
Sending Marketing Messages Within Social Media Networks
Liisa M. Thomas
This article appeared in the July 2010 issue of the Journal of Internet Law.

When we think of messages that are subject to the requirements of the federal CAN-SPAM Act, we normally think of traditional email messages that are sent from one person’s email server to another. An often overlooked—and more recently used— manner in which this law has been applied is to messages that are sent within a social networking forum. In particular, two of the more popular social networking Web sites, MySpace and Facebook, have both successfully used this law against entities that they viewed as violating CAN-SPAM. What can companies who use these forums do to avoid potential liability under CAN-SPAM?
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