|Received:||3/29/2004 3:16:46 PM|
|Agency:||Federal Trade Commission|
D: "Automated creation of multiple email accounts" is too vague, and covers legitimate actions that have nothing to do with spam. For example, when a server is installed, a number of email addresses are automatically created. In addition, it may be necessary for employees of a company to receive and send from multiple domains. The email address will be automatically generated upon user creation. This does not indicate that unsolicited emails will be sent from such accounts. It will impact small businesses, who may have automated systems to add email addresses for their employees. E.2: If a friend forwards a commercial email to one of their friends though the recipient may have opted out, this may not be ruled illegal, as the recipient may respond differently to an email from a friend. Private forwarding of a commercial email must be excepted from all regulations. Also, email recommendations ("recommend this to a friend") should be exempted, though address harvesting in such a context should not be permitted. E.4: An email address such as "email@example.com" should be sufficient. Requiring an indentifiable personal name in the senders email address will not influence the flow of unsolicited commercial emails. It will, however, significantly impact the the flow of information between a company and its customers. National Do Not Call registry: This would create a privacy nightmare. The majority of spammers are located outside the US, and therefore this is uninforceable. For offshore spammers, a registry like this would be a boon. Once cracked (and it would necessarily be open to bulk emailers), it would provide a list of confirmed email addresses. Unlike the do-not-call registry, this will have little to no effect on bulk email (spam), while significantly hampering companies inside the US. Effectiveness and Enforcement of the CAN-SPAM Act: As this only applies to individuals within the jurisdiction of the United States, it cannot effectively ban unsolicited commercial email.