Comments:

There seem to be several 'holes' in this 'Law'. I believe that this legislation should be implemented with the mind set that these 'online advertisers' are basically unscrupulious. It seems that most laws meant to regulate are aproached from the standpoint that most people are honest, leaving many avenues for skuldulgery. For instance, in the case for this legislation, the "Forward to a Friend". An advertiser sets up an independant 'Friend' to forward advertisements to a list of 'E'mail accounts. Don't we need a defination of what a friend is? A friend should be exempt from this legislation but also a friend MUST be someone we were in contact with on a prior basis. In that if I was provided with a list of 'E'mail accounts by an advertiser then I could "Forward-to a Friend" everyone on the lists even though I'd never been in contact with them before. Also, there should be a database that unauthorized 'E' mailers could be forwarded to for investigation. We've all heard of laws that when violated, there's no one to contact about the violation or enforcement. What good will the law be if there's no one to contact or to act upon violators. Also, will the penalty make it more expensive than any possable gain. If I'm fined a dollar but I make 3 dollars there isn't any reason I should comply. I don't see why there can't be set up a website, paid for by providers of products or services that I, as a consumer, can go to when I'm looking for the aforementioned products or services rather than being plaged by unsolicitated advertisements. I also believe that mass 'E'mailings should be outlawed. I don't see why it can't be that any previously mentioned provider have an opt in / opt out provision & no other generators of SPAM be allowed to do business. In regards to the 'Primary Purpose' clause, if I send an 'E'mail discussing the condition of the forests in Yosemite with links to web sites with a similar interest and then have a 'BY THE WAY, I'M SELLING DISCOUNT TREES' at the end, whats the Primary interest? Information or commerce? Would the Primary Interest change if at the end it was 'BY THE WAY, I HAPPEN TO KNOW SOMEONE WHO SELLS DISCOUNT TREES'. It's still spam if I didn't first go to their web site & opt in for information & offers. If I don't first specify that I want to get 'E'mail from anyone other that specified as acceptable, it's SPAM. I don't care if it's from the fire department saying there's a fire, if I didn't tell them first they could 'E'mail me, it's SPAM. Even though I have my 'E'mail program set to only get 'E'mails from people in my 'E'mail address book, I'm still bombarded with them with the subject line containing Re: making my program think that they're replys to 'E's I sent out. The're still SPAM. I should be able to report them. But, since they're seen as advertisers that I have a previous relationship with & are in fact anonimous advertisers & who the provider of the product or service can deny they'll bypass this law it appears to me. All the initiator of the advertisement has to say is that they no longer use whomever sent the 'E'mail. That they aren't responsible for what they do now and whomever sent the 'E'mail can't be found. It all depends on the integrity of the advertiser & they've shown in the past that they have no integrity