You worked hard to build your opt in, targeted, bulk email list. You request double confirmation at subscription. You have an easy unsubscribing method and still... you run the risk of spam accusation.

Why?

• There are people that subscribe to your newsletter and then quickly forget about it.
• There are people that subscribe their friends or ...enemies for newsletters, without asking permission.
• There are people that, wishing to unsubscribe your newsletter, accidentally or not, hit “This is SPAM” button.
• There are people that use your free content in spam emails, and people that won't believe you don't have anything to do with the spammer.
• If you don't keep your list clean of bounces, your ISP server may get confused about your tactics.

Sometimes people are so bitter to catch the spammer that they go on carelessly accusing innocent persons.

What is there to do about it?

• Validate subscriptions after a double opt in request.
• Request confirmation from subscribers that they have read your privacy policy and agreed with it.
• Don't lie about your identity, don't lie about the subject of your message, don't send unrequested email, honour unsubscription requests immediately.
• Keep your list clean of bounces.
• Get listed on ISP's white lists.
• When you receive a spam accusation, do your own research to see what really happened.
• Don't freak out. Can Spam Law is not meant to nail you, you can use it to prove your good faith.
• Ultimately, if there's no way to prove you weren't spamming, prove at least that you follow some basic rules:
  • don't lie in the 'Subject' field about the message's topic;
  • allow people to opt-out;
  • don't use return false addresses.

One important detail is that the 2003 Can Spam Law does not classify spamming as an illegal practice. You can send unsolicited bulk email as long as you observe the forementioned rules. Ultimately, think geographicaly: what is illegal in some states (or countries) is not outlawed by others.