Final answer:
The CAN-SPAM Act's major issue is that it regulates instead of bans unsolicited emails, making it less effective against international spammers and maintaining the burden of opting out on recipients. Additionally, enforcement is challenging and often not prioritized.
Step-by-step explanation:
A major problem with the CAN-SPAM Act is that it sets requirements for commercial emails rather than outright banning unsolicited emails. By allowing unsolicited emails under certain conditions, it fails to completely stop the flow of spam emails. Plus, many spammers operate outside the U.S., where enforcement of the CAN-SPAM Act is difficult. This means that even if they don't comply with the Act, there can be minimal consequences. Therefore, one key issue is that the law does not effectively deter international spammers. Another problem is that the Act requires recipients to opt-out of unwanted communications, rather than requiring businesses to obtain opt-in consent before sending emails. This opt-out approach places the burden on the recipient to avoid unwanted emails, which can be overwhelming and may lead to inaction due to the sheer volume of spam many individuals receive. Lastly, the enforcement of the CAN-SPAM Act can be a problem as it primarily relies on regulatory agencies to pursue violators, which can be resource-intensive and is not always a priority, leading to inconsistent enforcement.