Comments:

FACTA Free File Disclosures Proposed Rule, Matter No. R411005 My comments cover the entice proposal and all parts contained there in. It is a nice concept but falls short of its intended goal. Most -mail promotors already offer opt-out options that are often 24hrs or less. Also most companies enforce severe rules of self regulation for spam and often give members of thier groups only one worning before deletion. Add in the fact that most companies only allow opt-in mailing and many only use double opt-in leads. As stated these people will be penalized or possibly driven out of business by the possible penalties that could be imposed or the limitations proposed. As stated the new provisions will open up the possibility of out of control damage to e business as a whole. example: I deal with a company that runs a series of sites that ask people to submit thier e-mail, name, and phone number for the purposes of recieving a business opotunity. I then buy the lead and send out a form letter every couple of days that includes an opt-out link. Now, recently a gentleman accused me of spamming him. Did I? No. He asked for offers to be sent and simply refused to use an opt-out link to stop e-mails. Yet under the proposed rules as stated I could easily be acted against or my business crippled just because he didn't feel like clicking a link to opt-out. The problem can be dealt with with three things without all of the extra potential for damage. First is to require all business mailings to have opt-out options that can be confirmed to work. Second is to require all e-mail have a confirmable sender and subject since they often don't at present. And third is to require e-mail systems to add blocking options. Not just the general things usually offered but specific blockers. That way if someone sends unwonted mail and refuses to stop that source could be flaged and only it would be flaged. It could then be either autodeleted or dealt with as horasment or such. These would deal with the stated problems without doing massive damage to e-business.