|Received:||5/25/2005 2:39:19 PM|
|Agency:||Federal Trade Commission|
|Rule:||Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act|
Comments:Opt-out methods: Given concerns over online security, any opt-out for an e-mail advertisement should be done by e-mail, not via an easily disguised (possibly malicious) 'Click here' or 'fill out the form on this web page' link. Results should be immediate. Ability to receive e-mail is not necessarily indicative of an ability (or desire) to access the www. Control of the Message - 'Who, if anyone, has an existing relationship with the recipient?' 'Who, if anyone received affirmative consent to e-mail the recipient?' There should be no 'if anyone' in either question. All discussion appears to revolve around how to opt-out. Why is the onus on the recipient who has not asked to receive the e-mail by either of the above methods in the first place? Multi/re-purposed mailing lists do not scale to the e-mail environment. If every business in the U.S. gets (at least) one shot at sending me an e-mail without prior consent, my already overflowing Inbox will be rendered useless in short order. Not to mention the burden placed on smaller ISPs and e-mail providers ability to receive, process, deliver and store the e-mail at no cost to the sender. 'A clear and conspicuous notice that the message is an advertisement or solicitation, if the message is sent without the "affirmative consent" of the recipient;' Until such time as the e-mail system allows the cost burden to reside with the sender, no message should be received without affirmative consent. Period. While I believe that the commission's intentions are sincer, the CAN-SPAM Act should be preceded by the word YOU. The entire act is written to accomodate marketers, and allow them to shift their advertising cost burdens onto the (usually unwilling) consumer. The DMA and their ilk have indirectly designed, written and tailored this law for maximum ROI, regardless of burdens on, costs to, or desires of, the recipient. I say this as the owner/operator/system administrator of a small ISP who has spent many a sleepless night restoring service after "legitimate marketers" crashed the mail server.