Comments:

1. AGGRAVATED VIOLATIONS - Any false information contained anywhere in the email should increase penalty (differentiate from non-compliant email that omitted a postal address). - Any harmful or pernicious content/code that jeopardizes security of the computer that opened it even if the address book was not violated - punish harmful content of any email - If it is non-compliant email, aggravate the damage if any metric data was collected about the recipient who opened the email (common marketing tools used to show who opened the email for the purpose of validating the email and selling it); identity of recipient, etc. - 2.SENDER. - Eliminate liability for those who did not consent to their name being used on another's email (such as false info about sender or no permission granted from one company to another to use their name in the email) Those trying to gain unearned credibility by promoting a recognizable organization must bear the burden of proving a relationship with the company whose promotion they forced without consent. I've seen emails that the sender collects interesting information, articles, cool new products etc. so they are perceived as a guide or info portal - they may link to other sites in their email without any compensation. They can sell advertising on their email and not benefit directly from the company whose products/services they are promoting. They should be the only responsible party for that. 3.DO NOT EMAIL REGISTRY. - It's too soon to enact this. Practical issues such as identity must be solved first. - Unlike do not call (DNC), individuals could block entire domains of email addresses and restrain trade - Unlike DNC, the identity of the email sender is not able to be proven. How can this be enforced? - Unlike DNCl, one checks their email in a time frame they control thus privacy is not violated - there is no interruption of peace or special intrusion into the home like the telephone ringing during dinner. With challenge response alternative, email users have total control and decision making flexibility for those whose email gets through thus no increased costs on them. - The general public does not understand the loss of value and opportunity to themselves and the economy resulting in removing their email from all email registeries. - Can-spam respecting companies comply with unsubscribe. That makes this unnecessary. Other technologies such as challenge-response block all unwelcomed emails making this unnecessary. Non-compliant companies often can't be identified and thus won't respect the registry either. This means that compliant emailers have the noose tightening around their throat and are burdened with excessively difficult and costly systems while the obnoxious violators are undeterred by this. - Do not email places excessive burden on individuals to comply - Can-spam is not limited to bulk, it applies to 1 on 1 emails as well. - Email turnover (changes) are excessive. Keeping up with the list requires a centralized, government run, free, list cleansing service that would have to be run 24/7 and available to all on demand. - Do not email should not apply to anyone with a provable pre-existing relationship with the recipient regardless of that person's status on the DoNotEmail-list. - It's too inflexible. Unlike DNC, email is a unique channel for presenting multiple offers from unrelated organizations as well as non-commercial use. - If passed, apply to COMMERCIAL only. 4.COMMERCIAL EMAIL 3 types of email: 1. Commercial 2. Transactional 3. Private... Commercial email contains any solicitation (enabled through a direct ask, link to site, promo) that leads to an exchange of products/services for compensation AND has no transactional value AND is not private (to be defined). Don't make it subjective ("important", "overall feeling") Direct solicitation for donation with no product/service in return is not commercial. 5.SUBJECT LABEL Clarify what's neede