Comment Number: OL-104475
Received: 4/16/2004 10:17:25 PM
Organization: Benjamin K. Wong (Sole Proprietorship)
Commenter: Benjamin K. Wong
State: HI
Agency: Federal Trade Commission
Rule: CAN-SPAM ANPR
Docket ID: [3084-AA96]
No Attachments

Comments:

RE: CAN-SPAM Act Rulemaking, Project No. R411008 TO: Commissioners, FTC "Embrace Commerce." Two words with a huge impact upon our Nation's Economy. RE: A(1) The "primary purpose" in a "commercial electronic mail message" (Email) should be defined as such provided there is a message or solicitation to purchase one or more products advertised in such Email. RE: B(1) All Emails, regardless of start time, should be considered as "transactional or relationship messages, regardless of the fact that the commercial content may change with the passage of time. Recipient always retains the choice to notify Sender ot its desire to op out of such Emails. RE: E.1(1) It would be beneficial if the FTC were to clearly clarify that the Sender of an Email is only that person who originates such Email, and only that person who forwards such Email, whether or not done so at the behest of the original Sender. RE: E.2(4) Each originator and each forwarder should be obliged to provide an opt out mechanism in their Email. The implementation of a National Do Not Mail Registry would place an undue cost and time burden on a Sender of Email, more so when you consider that Recipient of an Email has three options upon first receipt of such Email and maintains throughout the course of Emails, the choice to opt out. There is no need to let Can-Spam reward complainants and make this government a police state. Can-Spam can possibly stand a bit of tweaking here and there. But in so doing, let us not place further or any sort of undue burden of time, cost, and paperwork on the Sender of Emails. Subject Line Labeling should be truthful and it should be so even if for example it reads "3 Proven Rules of Leadership That Will Help Increase Your Busines," and contains within such Email one or more commercial messages for various products or services. "Embrace Commerce." This remains my message. Consider the following: (1) Recipient, upon the initial receipt of an Email has 3 options: (a) Make a purchase; (b) Subscribe to future Emails; and (c) Unsubscribe or Opt Out. Further, Recipient retains the right throughout the "transactional" or "relationship" to Opt Out. Totally the Recipient's choice; (2) Company hires employees and pays them for their labor. This is Commerce in Action; (3) Sender purchases Name List from Company A. This is Commerce in Action again; (4) Sender spends his revenues to buy goods and quite possibly hires emoloyees. This is Commerce in Action again; (5) Credit Card Merchant earns a fee for processing the credit card transaction. Merchant also buys goods and hires employees. This is Commerce in Action again; (6) Employees at all the stores where the above purchase goods retain their jobs and they too go into the community to spend their paychecks for goods for their familiy and household. This is Commerce in Action again; and (7) The above cycle of re-circulating the monies keeps stores in business, people employed, banks open to lend money to build homes and businesses, and, again, people employed; (8) All of the above is what Our Nation's Economy is all about. In conclusion, you are strongly urged, as I continue to say, "Embrace Commerce" This is the main and relevant issue at hand. It is not because a Recipient of an Email gets so peeved that he or she files a comlaint that does nothing but stifle commerce rather than building it up. The Recipient has sufficient choices to accommodate his or her preferences. Again, you are humbly and respectfully requested to "Embrace Commerce." Let this Nation of Ours continue to be the "Land Of The Brave And The Home Of The Free." "May your respective days always be filled with inspiration and passion. Respectfully yours, *REDACTED PERSONAL INFORMATION* Benjamin K. Wong *REDACTED PERSONAL INFORMATION*  Kailua, HI 96734 *REDACTED PERSONAL INFORMATION*