|Received:||3/27/2004 9:10:44 PM|
|Organization:||United States of American, Citizen|
|Agency:||Federal Trade Commission|
Part A: Identifying whether there is a signifcant commercial content, thus changing the purpose of the message, in a messages is easy: what percentage of the message is a specific, unique communications (such as confirmation of an order) compared to an advertising message which, if removed, does not change the unique communication? Any message with more than twenty (20) percent of such excisable content would constitute a commercial message. This would be true even if the excisable content were "selected" for the specific recepient. Part B: The rules for messages should include the limitations specified in the above comment. Part C: covered in attachment Part E-2: The company who sent the mail is guilty of CAN-SPAM. It is guilty of "aggrevating circumstances" if it sent the ad without the knowledge of the company who received the "opt-out" or ignored or neglected the opt-out list provided. The company with the "opt-out" is guilty if it did not provide its opt-out list to the sending company. Part E-3: The valid postal address is the one used to receive legal service. Part F: National Do Not Email Registry: Covered in the attachment. Part G: The effect of commenter's proposals on Small Business is zero. The nature of electronic mail is such that "instant update" and "automatic update" are accessible even to single-person operators.