This case gives CAN-SPAM some teeth to go after both affiliates and the hosts they advertise. It's also a precedent worth mentioning to those who say they have no responsibility for their affiliates.

http://www.ftc.gov/opa/2005/11/globalnet.htm

For Release: November 17, 2005 Spammers Barred from Violating Federal Law

Operators Required to Keep Closer Eye on Affiliated E-mail Programs

Spammers who sent millions of illegal e-mail messages – including sexually explicit messages – have paid $621,000 to settle Federal Trade Commission charges that their practices violated federal laws. The settlement will bar future violations and will require the marketers to monitor their affiliates to assure they are complying with federal laws, as well.

According to the FTC complaint filed in January 2005, the defendants sold access to sexually explicit Web sites through spam. Four defendants control a network of corporations that own and operate the Web sites, payment systems, and servers used to distribute and sell sexually explicit content. One defendant was an affiliate hired to market the content from the Web sites. While the affiliate sent many of the e-mails that allegedly violated federal law, under the CAN-SPAM Act all of the defendants are responsible for the e-mails, including the defendants who paid others to send the e-mails on their behalf. [...]

Jeff C. -- Don't harm innocent bystanders.