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Consumer Bankruptcy Law and Practice: § 830.50 Required Redaction of Debtor Tax Information

(a) The following redaction requirements apply to all tax information provided in accordance with section 521 of the Bankruptcy Code.

(b) Debtors providing tax information under 11 U.S.C. § 521 should redact personal information according to the criteria set forth in Fed. R. Bankr. P. 9037. A debtor should therefore redact personal identifiers in any tax information required to be filed with the court or provided to the trustee or creditor(s), in either electronic or paper form, as follows:

Federal Deception Law: 15 U.S.C. § 7705. Businesses knowingly promoted by electronic mail with false or misleading transmission information

(a) In general

It is unlawful for a person to promote, or allow the promotion of, that person’s trade or business, or goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business, in a commercial electronic mail message the transmission of which is in violation of section 7704(a)(1) of this title if that person—

Federal Deception Law: 15 U.S.C. § 7706. Enforcement generally

(a) Violation is unfair or deceptive act or practice

Except as provided in subsection (b) of this section, this chapter shall be enforced by the Commission as if the violation of this chapter were an unfair or deceptive act or practice proscribed under section 57a(a)(1)(B) of this title.

(b) Enforcement by certain other agencies

Compliance with this chapter shall be enforced—

Federal Deception Law: 15 U.S.C. § 7707. Effect on other laws

(a) Federal law

(1) 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.

Federal Deception Law: 15 U.S.C. § 7708. Do-Not-E-Mail registry

(a) In general

Not later than 6 months after December 16, 2003, the Commission shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce a report that—

(1) sets forth a plan and timetable for establishing a nationwide marketing Do-Not-E-Mail registry;

Federal Deception Law: 15 U.S.C. § 7709. Study of effects of commercial electronic mail

(a) In general

Not later than 24 months after December 16, 2003, the Commission, in consultation with the Department of Justice and other appropriate agencies, shall submit a report to the Congress that provides a detailed analysis of the effectiveness and enforcement of the provisions of this chapter and the need (if any) for the Congress to modify such provisions.

(b) Required analysis

Federal Deception Law: 15 U.S.C. § 7711. Regulations

(a) In general

The Commission may issue regulations to implement the provisions of this Act (not including the amendments made by sections 4 and 12). Any such regulations shall be issued in accordance with section 553 of Title 5.

(b) Limitation

Federal Deception Law: 15 U.S.C. § 7713. Separability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected.

[Pub. L. No. 108-187, § 15, 117 Stat. 2718 (Dec. 16, 2003)]

Federal Deception Law: Listing of Provisions, Source, and Authority

TITLE 16. COMMERCIAL PRACTICES

CHAPTER I. FEDERAL TRADE COMMISSION

SUBCHAPTER C. REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS

PART 316. CAN–SPAM RULE

16 C.F.R.

§ 316.1 Scope.

§ 316.2 Definitions.

§ 316.3 Primary purpose.

§ 316.4 Requirement to place warning labels on commercial electronic mail that contains sexually oriented material.

Federal Deception Law: Listing of Provisions

15 U.S.C.

§ 7701 Congressional findings and policy

§ 7702 Definitions

§ 7703 Prohibition against predatory and abusive commercial e-mail

§ 7704 Other protections for users of commercial electronic mail

§ 7705 Businesses knowingly promoted by electronic mail with false or misleading transmission information

§ 7706 Enforcement generally

§ 7707 Effect on other laws

§ 7708 Do-Not-E-Mail registry

§ 7709 Study of effects of commercial electronic mail

Federal Deception Law: 15 U.S.C. § 7701. Congressional findings and policy

(a) Findings

The Congress finds the following:

(1) Electronic mail has become an extremely important and popular means of communication, relied on by millions of Americans on a daily basis for personal and commercial purposes. Its low cost and global reach make it extremely convenient and efficient, and offer unique opportunities for the development and growth of frictionless commerce.

Federal Deception Law: 15 U.S.C. § 7702. Definitions

In this chapter:

(1) Affirmative consent

The term “affirmative consent”, when used with respect to a commercial electronic mail message, means that—

(A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative; and

Federal Deception Law: 15 U.S.C. § 7704. Other protections for users of commercial electronic mail

(a) Requirements for transmission of messages

(1) Prohibition of false or misleading transmission information

It is unlawful for any person to initiate the transmission, to a protected computer, of a commercial electronic mail message, or a transactional or relationship message, that contains, or is accompanied by, header information that is materially false or materially misleading. For purposes of this paragraph—

Federal Deception Law: 16 C.F.R. § 316.2. Definitions

(a) The definition of the term “affirmative consent” is the same as the definition of that term in the CAN-SPAM Act, 15 U.S.C. 7702(1).

(b) “Character” means an element of the American Standard Code for Information Interchange (“ASCII”) character set.

(c) The definition of the term “commercial electronic mail message” is the same as the definition of that term in the CAN-SPAM Act, 15 U.S.C. 7702(2).

Federal Deception Law: 16 C.F.R. § 316.3. Primary purpose

(a) In applying the term “commercial electronic mail message” defined in the CAN-SPAM Act, 15 U.S.C. 7702(2), the “primary purpose” of an electronic mail message shall be deemed to be commercial based on the criteria in paragraphs (a)(1) through (3) and (b) of this section:2

Federal Deception Law: 16 C.F.R. § 316.4. Requirement to place warning labels on commercial electronic mail that contains sexually oriented material

(a) Any person who initiates, to a protected computer, the transmission of a commercial electronic mail message that includes sexually oriented material must:

(1) Exclude sexually oriented materials from the subject heading for the electronic mail message and include in the subject heading the phrase “SEXUALLY-EXPLICIT: “in capital letters as the first nineteen (19) characters at the beginning of the subject line;3

Federal Deception Law: 16 C.F.R. § 316.5. Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out

Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any information other than the recipient’s electronic mail address and opt-out preferences, or take any other steps except sending a reply electronic mail message or visiting a single Internet Web page, in order to:

(a) Use a return electronic mail address or other Internet-based mechanism, required by 15 U.S.C. 7704(a)(3), to submit a request not to receive future commercial electronic mail messages from a sender; or

Federal Deception Law: 16 C.F.R. § 316.6. Severability

The provisions of this Part are separate and severable from one another. If any provision is stayed or determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect.