|Received:||3/17/2004 11:21:12 PM|
|Agency:||Federal Trade Commission|
A3. Are there other ways to determine whether a commercial advertisement or promotion in an email is the primary purpose of the email? Some percentage of advertising vs. 'actual content', in the case of embedded links that do not require a click to view advertising the length of the URL is insuficient to count as the percentage and the advertising that is actually displayed should be counted. C1. Is 10 business days an appropriate deadline for acting on an opt-out request by deleting the requester's email address from the sender's email directory or list? Email advertising is so automated that 10 days is eternity! 10 hhours is probably plenty but 3-5 days is reasonable assuming the worst case of verifying the request and editing files by hand. Can't meet that deadline? Hire more or send out less! D1. Are there any additional activities or practices that should be treated as "aggravated violations" under the Act? delete the word 'protected' from"(4) relay or retransmission through unauthorized access to a protected computer or network" Also obfuscated subject lines and URLs, fonts under 8 pt., insertion of random words and phrases, etc. to evade filtering software should be considered aggravated violations. H.The effectiveness and enforcement of the CAN-SPAM Act. It will never be highly effective while it is so openly 'opt-out'. The practice of obtaining email addresses 'from affiliates' needs to be regulated, at least such that they should have to identify the 'afiliate'. Obviously misrepresenting that would carry fraud charges. H.Subject line labeling. Most critical is adult content. Our children now are on the net by 2nd grade in many cases. At a minimum we need to be able to reliably filter (block) such content to them. G. Please enter comments on Small Business impacts and recommended regulatory alternatives. Small buisness often does not have the resources 'in house' and therefore is most likely to 'have to' use an advertising service. Small buisness needs liability protection in the event the contracted service fails to honor 'opt-out', uses ill-gotten addresses, etc. If the small buisness supplies the list they must take responsibility for it's contents. They must obtain an updated list from the service indicating opted out addresses so there is no excuse for sending mail again through a different service.