I would like to an update on the current law regarding what permission
is required to send both e-mail and fax advertisements. My potential
recipients are association members. The membership application had
previously asked for both fax and e-mail information and then had a
checkbox to check if the person did not want to receive information.
Is this enough or should I get more explicit consent?  What are the
current rules for non-members of the association or those we have no
current relationship with?

I found this previous question to be helpful but it's a little dated. 

http://answers.google.com/answers/threadview?id=331323

The CAN-SPAM Act regulates commercial e-mail.  While you can send
e-mail to anyone, there are specific requirements regarding how you
obtain e-mail addresses, how the e-mail must be formatted, the
availability and functionality of an unsubscribe feature.

Here are links to two articles from the Federal Trade Commission that
provide the detailed requirements:

"The CAN-SPAM Act: Requirements for Commercial E-mailers"
http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

"'Remove Me' Responses and Responsibilities: E-mail Marketers Must
Honor 'Unsubscribe' Claims"
http://www.ftc.gov/bcp/conline/pubs/alerts/remvalrt.htm

There are also additional state laws:

"Spam Laws: United States: State Laws: Summary" By David E. Sorkin
(2005) http://www.spamlaws.com/state/summary.shtml

"Under United States law, it is unlawful "to use any telephone
facsimile machine, computer, or other device to send an unsolicited
advertisement" to any "equipment which has the capacity (A) to
transcribe text or images (or both) from an electronic signal received
over a regular telephone line onto paper." The law allows individuals
to sue the sender of such illegal "junk fax" or (arguably) "junk
email" for $500 per copy. Most states will permit such actions to be
filed in Small Claims Court."

"Broadcast Fax and Junk E-mail Illegal" http://www.markwelch.com/faxlaw.htm

Sincerely,

Wonko