A little-known but powerful clause in CAN-SPAM ensures that spammers cannot hide behind their affiliates to avoid CAN-SPAM liabilty. Prior to the passage of CAN-SPAM, people selling products which were being advertised by spam were often able to escape liability by saying “Hey, it wasn’t me who sent the email.” However, it often was their affiliates, operating openly under an affiliate program through which the affiliates would get a kick-back for product sales resulting from the spam which the affiliate sent on behalf of the product vendor.

Enter the little-known clause of CAN-SPAM, known affectionately as the “McCain Amendment”, after its sponsor, Senator John McCain. Aunty is inordinately proud of the McCain Amendment, because Aunty was intimately involved with the drafting of the language of the McCain Amendment, and because while little-known, it’s got star wattage.

The McCain Amendment basically says that even if you do not yourself press “send” and inject the spam into the Internet stream, if you in any way profit from the sending of the spam then you…

[CAN-SPAM Smack Down for Spammers Hiding Behind Affiliates, Continued]