|Received:||3/13/2004 11:35:30 PM|
|Organization:||The Purple Walrus Connection|
|Agency:||Federal Trade Commission|
General Commets: 1] The amount of SPAM which I receive has increased. 2] The number of faked, non-existent or pirated email address listed as sender has dramatically increased (I've had three of my own email addresses faked to use for sending SPAM.) 3] The percentage of SPAM messages which I now receive that comply with the existing CAN-SPAM opt-out rules is significantly less than those which I received before the law went into effect. SPECIFIC COMMENTS: C. We are talking about companies & individuals who use computers to instantly add addresses to their data bases. If the computer can add them instantly, it can delete them instantly. I've found that legitimate companies will remove my email address within 24 hours (usuallly considerably less) of my request. Companies/individuals who claim longer periods to remove the address inundate my inbox with additonal SPAM for 7 to 10 days, then I usually receive the same type of SPAM from some other company/individual whom I had never hear of. There is NO valid reason to have such a long delay for removal. E1. There is no valid reason for multiple senders to be sending numerous identical advertisements to the same address. Any company that does this (or allows/hires others to do this for them) should be heavjily penalized. Provisions should be written into the law protecting companies (and there are several well-known ones in this catagory) whose products/services are imitated and fraudulently sold by Thieves as the real thing. The sender should be defined as BOTH the entity sending the email and any entity paying for it to be sent. No cop-outs. Since most spammers don't bother with a valid opt-out option the question is moot. E3. USPS requires a valid physical address, which anyone can request, for any individual or entity using a PO box for business purposes; therefore, a PO box should be adequate as legal address I a false address is used to rent the PO box that should be prosecuted under both CAN-SPAM and Postal regulations. F.1.a. Since spammers ignore the laws about using valid addresses and having a valid opt-out method, they would only use a "do not email" registry as a source of new targets. F.1.b. Paying people to inform on others is unethical and only encourages false reports. Roman Emperor Tiberius and German Chancellor Adolf Hitler loved this method! F.1.c. The CAN-SPAM act is completely ineffective and has proven to be unenforceable except in the mose egregious instances. F.1.d. Only honest companies and individuals use subject lines that are consistent with content. Spammers won't label their messages as ADV or SPAM or anything else because a law says so any more than they obey any of the laws already in place. G. Large, well-known corporations can ride out the SPAM problems. Small businesses, such as I would like to operate, are no longer able to use email as a marketing tool becuase of our government's "protect the spammers" approach, as exemplified by the ludicrous, inadequate and uninforcable CAN-SPAM act. Put some teeth into the law with larger penalties, including mandatory prison terms for spammers. This should include ALL officers of a company or corporation convicted of spamming. The company is under their control and if it is spamming they are either willing conspirators or incompents who should never have been placed in a position of authority in the first place. I hope Congress will decide to replace the CAN-SPAM Act with a workable law.