Comment Number: OL-100291
Received: 3/18/2004 8:31:28 AM
Organization:
Commenter: DAvid Belton
State: Not in the US
Agency: Federal Trade Commission
Rule: CAN-SPAM ANPR
Docket ID: [3084-AA96]
No Attachments

Comments:

Rewarding parties for "reporting spam" is an automatic invite for commercial disaster, due to the inability of the defendant to be able to defend their actions in many instances. In addition ISPs 99% of the time take INAPPROPIATE action against their clients [that got the spam acusation] when the majority of the time, the alligation[s] was/were FALSE. As both an ISP and an internet marketer I can vouch for both sides of the situation - as I have been marketing online for 8 years, and an ISP for 7 years. Experienced ISPs CAN NOT under most circumstances evaluate a false accustation. Only seasoned marketers that are also ISPs can make this distinction. In addition 3rd party parasites like SpamCop and many other self serving "anti spam organizations" are further compounding the problem. ISPs believe these companies when they "complain" about an ISP's clients "actions" regarding email - in fact many take it almost as far as a "ruling" - you are guilty - period. If ANYTHING needs to be regulated to PROTECT valid ecommerce it the the reporting of spam, the investigation of said spam complaints and approiate fines as merited on a CASE BY CASE basis by a gov't body - NOT an ISP or 3rd party anti-spam organization. Both ISPS and 3rd party anti-spam organizations often have multiple commercial interests at heart that run contrary to client rights as a result they are in a CLEAR conflict of interest. Many times innocent new businesses are destroyed instantly by these false accustations. This destroys the hopes and dreams of far too many new businesses - that could grow the economy. This is the tip of the iceburg. Another issue is the companies that sell software / systems specifically designed to collect email addresses and mass mail them. Far too often the "newbie" is taken for a ride, and made to believe this is a "safe way" to do business. Nothing could be further from the truth. I can not recount the number of times I have told clients and newsletter subscribers NOT to use this type of software/marketing - not even once. Regulations / fines against companies that sell this specific type of software that's sole purpose is to collect and/or mass mail emails in an "spam like" fashion is a requirement to reduce the issue of spam. I am 100% proper emailing marketing for commercial purposes where their is a valid relationship - as I make my living completely online. I am 100% against spam however, because I receive over 600 spam messages PER DAY. Lucky I can write software to filter out over 99% of this spam, but many companies are not in this position. thank you, DAVE BELTON *REDACTED PERSONAL INFORMATION*