CAN-SPAM called for recommendations about labeling pornographic spam from the FTC, and this labeling requirement will become the law of the land, pre-empting state labeling requirements. Four months later, the FTC has decided on a label: "SEXUALLY-EXPLICIT," a modification on the previously proposed gem, "SEXUALLY-EXPLICIT-CONTENT."
This beast of a label shows the CAN-SPAM or at least the FTC intent of flagging pornographic spam is not to allow spam filters to catch it; for that, the standard "ADLT" or even "SX11YXP1C7" could have sufficed. This label is instead intended to actually be read by people; kids are supposed to not read the messages which say this, and sensitive adults are supposed to be alerted by this label and delete them. Um, couldn't a filter (any filter) do that better? Why not just make a short filter label? The FTC, in a paternalistic mode perhaps inspired by the Janet Jackson fallout, intends the label to act as "the electronic equivilant of a 'brown paper wrapper.'" Only no one knows what has to be labeled (see Susan Crawford). Oh, and this paper label is click-through, bans the "electronic equivilant" of a plastic cover over the Cosmopolitan magazines, and only obstructs half of the vulgar cover.