|Received:||3/21/2004 10:53:50 PM|
|Agency:||Federal Trade Commission|
FORWARDS: Any party receiving any type of consideration for the advertisement should be liable. For example, if a third party forwards a message from a web site as part of a contest, then both the third party & the web site should be considered in violation. SENDER: If a spammer sends advertisements from multiple companies & the recipient has opted-out from any one of them, the company advertised and the message initiator are both in violation. If this were not true, then the initiator could get 'off-the-hook' because of not seeing the opt-out, and the company could get 'off-the-hook' by advertising along side a never heard of upstart company. In other words, if you don't nab/cite them both, you would have a big loophole in the law. Newsletter subscriptions excepted. NEWSLETTERS: Email newsletters should be free to advertise companies the recipient has opted out of. However, the recipient must explicitely subscribe to such a newsletter to benefit from this exemption. The newsletter would be subject to SPAMming regulations if sent unsolicited. TRANSACTIONAL MESSEGES: Advertising should be allowed as part of a notification provided it is appended to the end of the message and clearly identified as advertisement. THANKS. Also, some thought should be given to stopping other countries from SPAMming the USA. Perhaps complaint thresholds could be developed for dealing with unsolicited messages, where at the highest level IP address ranges could be blocked.