|Received:||4/15/2004 11:06:04 PM|
|Agency:||Federal Trade Commission|
A-1: If the sole function is to sell, then it should match this definition -- as in the e-mail is an advertisement -- not to be confused with an e-mail which contains advertisements, but which I would wish to recieve for other reasons B: personally, I think your language is wrong. The stuff described in this section is what I would think of as "commerce" or "commercial", the stuff in section A sounds like Sales and advertising. D: sale of mailing lists should be banned, it is too easy to subscribe to a list broker and not know it. This one item probably accounts for over 75% of regulatable "spam". (and you'll never regulate the illegal breed anyway.) E1: A sender should only be the one individual/organization that sent the e-mail. Advertisers are not senders any more than Ford Motor Company sends me Popular Science. E2: a sender giving Permission to forward the message should be acceptable as a way of dealing with copyright issues. A request to forward should be dissallowed. The original sender does not control the reciever of the message and consequently should not be held liable for what that reciever does with the e-mail. F: 1- just don't let businesses sell their e-mail lists. Let the list owner do the emailing while clearly identifying him/her self in the from line. 2- A system for reporting violations could be useful. A decrease in spam should be the only reward offered. 3- It is not going to be effective. you are trying to make laws to govern the lawless. your laws forget that the internet is a boundryless international environment. How are you going to make someone in North Korea or Egypt obey your American law? 4- if the from line is consistently identifyable, and companies can not sell/rent out their lists, then this should not be needed. G: I am a consumer, not a business person. I DO NOT WANT ANY GOVERNMENT AGENCY OR LAW DECIDING FOR ME WHAT I WANT TO SEE AND DON'T WANT TO SEE. NOR DO I WANT MY E-MAIL ADDRESS SENT PLACES I DIDN'T SEND IT. Each list needs to maintain its own opt in/opt out information with absolutely no sharing of information -- either opt in or opt out. I want to be able to decide what lists I get mail from, and what lists I don't want. You can help by requiring that no list owner can sell or rent out his/her list. He/She can mail something for someone else, so long as the list owner is considered to be the sender. That way I can keep track of where my junk mail is coming from, and if I don't want it, I will then stand a chance of shutting it off. Please do not make a tough law that will hurt both consumers and legitimate businesses when the largest part of the problem is the lawless crowd that you aren't able to do anything about!!!