|Received:||3/31/2004 10:28:15 PM|
|Agency:||Federal Trade Commission|
I find some of the above questions confusing (as in what are you driving at??) I'll try to comment later. Tonight, I'll just comment on the DNER. I believe a DNER will be useless unless it allows for domain opt-out. It is too easily abused if it is available only for individual addresses. Ultimately, registries (e-mail and telephone) should go away. Preferences should be built right into the system. For e-mail, the user would specify willingness (or not) to receive various classes of e-mail to his/her e-mail system. An arriving e-mail would identify itself as commercial and if it failed the tests, would be rejected. For telephone, a few bits could be allocated for each number to indicate preferences. Commercial calls would be in some way tagged and again rejected if the recipient's preferences deny them access. Doing away with the registries eliminates the whole add/remove delay issue. The recipients intent comes into force the instant it is expressed. This is where we should be going. AND FWIW, I believe CAN-SPAM is a disaster, because it is opt-out legislation. The FTC should do everything it can to minimize the damage. How can e-commerce flourish if consumers are afraid to give out their e-mail addresses??