Comment Number: OL-103744
Received: 4/15/2004 7:49:45 PM
Organization:
Commenter: Hekimian-Williams
State: FL
Agency: Federal Trade Commission
Rule: CAN-SPAM ANPR
Docket ID: [3084-AA96]
No Attachments

Comments:

A-2 There are nasty folks out there spoofing email to look like it comes from other people and even businesses and it was not really sent from that business! So this is very dangerous. You cannot believe who the sender is necessarily. I have been sent an email from supposedly my own business email address to myself, if you can believe it, and since it's only me and my husband here and we know we didn't send it to ourselves, obviously it was a fraud and not sent by us! A- 3 If an email is labelled ezine or newsletter, includes helpful content like an article or information for subscribers besides ads, and if it has a working subscribe and unsubscribe link, then it should not be considered as primary purpose commercial. B-1 transactional or relationship message E-mail messages that “facilitate, complete, or confirm” a commercial transaction that the recipient has previously agreed to enter into with the sender This should include free commercial transaction requests such as for newsletters from the business that a customer or prospective customer has subscribed to and requested. Transactional or relationship messages should also include folks who opt in to receive electronic emails or newsletters from businesses. All relationship messages from businesses are really a form of trying to ensure more business and happy visitors and consumers so how can you allow it only under certain things like to give account information? Subject line labelling should be flexible and not mandated to be of a specific term or word. Labelling of a commercial message within the body of the email would be more acceptable and also it should be allowed to be flexible in the terms used to identify it as such. I would suggest you allow the term business or commercial or advertisement, etc, not just one set thing like ADV. And, there are already too little space in a subject line to be used for other purposes than to communicate the purpose of an email. I think it's enough to say it should not be deceptive and should reflect what's in the message. Most importantly- Re: CAN-SPAM Act Rulemaking, Project No. R411008d The mandatory use of suppression lists is dangerous for consumers, publishers and merchants. Please do not implement or support this. Many publishers have promised confidentiality for years to their subscribers and said they will not share their email addresses to anyone and to no third parties. Suppression lists would force publishers and businesses to release this confidential and private information with no assurances or control as to what will become of it after it is released. It should not be allowed through this act that folks who have assigned a right to another party (for instance, the use of their email address for delivery of specific content with the promise that such use would be reserved to only the holder(s) of that permission) should be required to be subjected to the potential harm of disclosure of private information such as their email address to other parties for suppression lists. This is a serious violation of privacy. Also, consumers should not be refused the right to receive content from someone they want to get it from because they unsubscribed from someone else's list. There are so many issues, problems, risks with such a thing, I again strongly urge you not to support use of suppression lists. Many businesses, affiliate programs, legitimate ways of marketing will be put out of business if you were to attempt to implement use of suppression lists. Thank you very much for allowing the public to comment and make suggestions. Liz Hekimian-Williams