Comments:

March 31, 2004 110 James Place Yankton, SD 57078 Federal Trade Commission CAN-SPAM Act Post Office Box 1030 Merrifeld, VA 22116-1030 RE: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”) Rulemaking, Project No. R411008Opt-out provisions. The provision in Section C (16 CFR 316, Project R411008, RIN 3k084-AA96) should be unnecessary. As an end-user who has battled SPAM, I would prefer an “opt-in” policy regarding spam. That is, instead of sending an “opt-out” request to a sender to have a receiver’s email address deleted. A potential receiver should be required to submit an “opt-in” request for a sender. Using “opt-in” provision, it should be assumed that no one should receive any SPAM until the sender receives an opt-in request. That request should be unique between a specific receiver and a specific sender and non-transferable to other firms. A copy of such a request should be filed with the sender, the FTC, and the Attorneys General offices in any related states for each opt-in request. The time period on the opt-in request could be lengthened to 30 days to ensure confirmation of filing the request in all government offices. Businesses wishing to extend an opt-in request that would allow them to SPAM the requesting receiver should pay a $50 filing fee for each request. Money from the fee could be used to fund the implementation of CAN-SPAM. Sincerely, Joel Fagerhaug