Comment Number: OL-104632
Received: 4/17/2004 11:51:43 AM
Organization: webnet international
Commenter: Michael Glaspie
State: MI
Agency: Federal Trade Commission
Rule: CAN-SPAM ANPR
Docket ID: [3084-AA96]
No Attachments

Comments:

re: Can-Spam act Rulemaking,Project # R411008 To The Commissioners As the owner of several web site bussinesses with a membeship data base of app 1.2 million and the developer of Spam Terminator (TM) a anti spam software I feel quallifed to address this important issue. I am deeply concerned over the consideration of the suppression list rule being considered for the following reasons. 1- This rule would spell the end of affiliate programs operating in the U.S. as affiliates would be required to have access to the suppression lists of ALL other affiliates marketing the same program prior to offering thru email the program they wish to market to their members, customers or subscribers. Even if the sponsoring company were capable of of being the "clearing house " for its affiliates supression lists , most affiliates would not have the ability to run a merge purge of possibly hundreds of thousands of addresses on the companies suppression list against their database. 2-As an advertisor utilizing the services of many different opt in mailing houses weekly, my self and others like me would be required obtain the supression list each time our offers are sent and then provide this data to all the other opt in houses I use . This is an impossible task and an unfair burden on the advertising community of clients.If a consumer wishes to opt out of a list and does so , that cunsumer should not be forced off another list because s/he is about to see an offer from the same company that "may" have triggered their request to unsubscribe . Its important to note that most consumers do not elect to unsubscribe from a particular list as a result of a specific offer but rather for many other reasons, ie: recieve too much mail from the sender, no longer interested in the theme of the mail from the sender,ect. 3- Content driven ezine publishers who support their operating costs with paid advertising inclusions , would be required to obtain a suppression list from all advertisors and be forced to remove from their database of subscribers these addresses . This rule will force smaller legitimate publishers out of business and significantly/negatively impact advertising revenues of those who survive. 4-All U.S. legitmate web site business operators have a privacy agreement with their members, customers, subscribers and as such agree to never share the email address. Data base owners in complying with this rule would violate this agreement by having to share the address of those who unsubscribe with , other publishers , and in the case of affiliate program operators , thousands of affiliates. This will , not maybe result in even more spam as a result of non U.S. individuals and comapanies having access to these targeted, legitimate email addresses. Indeed , such a rule would force non compliance of the Privacy Act . I urge you to not adopt this rule . Most spam currently originates from abroad. And no U.S. law can prevent this . Adoption of this rule will not curb spam but only make it more appaeling to international entites to to spam U.S. citizens .While putting the small business owner and the SOHO marketers out of business. Given time , technology which already exists will put an end to spam from all places of orgin. Michael t glaspie WebNet International *REDACTED PERSONAL INFORMATION*