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I was reading CAN-SPAM and I came across the definition of "electronic mail message" in 15 USC § 7702(6)

> The term “electronic mail message” means a message sent to a unique electronic mail address.

Note that it doesn't specify anything about SMTP or any specific email protocols besides the address. I wonder if messaging systems that use email addresses as identifiers might unintentionally be subject? E.g. Ads shown through Facebook custom audiences with email address lists.




I'd love to see someone bring a case asserting push notifications are electronic mail messages under CAN-SPAM.


Seems like a stretch. A Facebook web ad isn't sent "to" an email address.




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