In this document, the Federal Trade Commission ("FTC" or "Commission") issues its Final Rule pursuant to the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN- SPAM Act" or "the Act").\1\ Section 7704(d) of the Act requires the Commission, within 120 days of the date of the enactment of the CAN- SPAM Act, to prescribe a mark to be included in commercial electronic mail ("email") that contains sexually oriented materials. ---------------------------------------------------------------------------