|Received:||3/24/2004 4:42:57 PM|
|Agency:||Federal Trade Commission|
Please publish a guide in plain English to help businesses comply with the Act. As an e-mail marketer who has done the work interpreting the Act, I find there is much ignorance about the Act among my peers becuase they haven't spent the time required to decipher it. Especially when it comes to who a Sender is and their responsiblilty to manage an Opt-out list. It should be made clear that a Sender is just the company or companies that are selling the product or service in the message. It's that simple. Not the vendor who "sends" it or a friend-who-forwards. Just the party in the message selling whatever it may be. Period. Clearing that up would help greatly for the initiators, senders and recipients. Also, we finally have a Federal definition of what "spam" is. It is simply a CEMM that does not comply with the Act. We need to educate recipients of that, so they realize that not all unsolicited e-mail is spam if it complies with the Act. Also, the National Do Not Email Registry will simply not work. Legitimate bulk e-mailers want to do the right thing and comply with the Act as it is. True spammers will not comply unless forced, which the Act permits. Giving them a list of mabye 100 million or more bonafide, confirmed, legitimate e-mail addresses would be a dream come true for them. It gets worse. The list would be a godsend for anyone who wants to send out worms and viruses. Additionally, anyone could send any non-commercial e-mail to the list. Meaning that if someone wants to send a message that is compliant with the First Amendment, they will be able to do so. To 100,000,000 legitimate email addresses. The bottome line is, a Do Not Email Registry is imposslible today with currrent technology and an unregulated, public global Internet.