|Received:||8/24/2004 7:14:32 AM|
|Agency:||Federal Trade Commission|
|Rule:||Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act (NPRM)|
Comments:In my mind, the senders intent must be factored into deciding whether a piece of email is spam or not. Two good for instances: 1. The senders mailing software is configured in such a way so that fake From: addresses and other fake Mail Headers are inserted in an effort to hide the senders location. Automatic Spam in my book. 2. Certain words in the Subject and Body of the email have obviously been reworked in an attempt to get past spam filters. We've all seen them, the emails that have the names of certain prescription drugs reconfigured or with special characters. The intent is obvious. I am also concerned that Can Spam is going to end up not being applied if the receivers email address is a "business" one. All of my email addresses are "business" related since I run several web sites. Even addresses on my personal web site could be construed by some to be business related, since my personal blog does sometimes contain postings about web marketing and hosting. Even better, my daughter has an email address that is tied directly to one of my business domains so that I can control why type of email gets through to her with the virus and spam protection I have built into my servers. As do my mother and several other family members, because they got tired of changing their email addreses every time they changed ISPs. Even though from the outside looking in, all of these addresses could be contrued to be Business email addresses, they are in fact USED as personal email addresses. In other words, I think you should also prosecute complaints that are received by businesses as well, as long as the Intent of the spam is clear. The Opt In requirements are also shaky in my opinion. People sell these back and forth. If you Opt In to one maling list that provides information you may be interested in, you will end up being on at least 20 other email lists. I think that each of these should be Required to gain your approval before adding you to their list. In other words, they have to have an Opt In request directly from you before they can start sending you mail. Not Opt In by proxy allowed, as it currently is from my understanding. Without a specific Opt In, the spammer should be prosecuted. Thank you for your consideration.