|Received:||4/5/2004 12:16:08 PM|
|Agency:||Federal Trade Commission|
Section A- You might also want to include a % of falsified, random, or non-related content in your definition. Two paragraphs of "What I did last night" plus a link to some "really cool site" from someone you don't actually know should still constitute a commercial email, even though the advert is a small % of the message. Section D: I believe that certain violations of the “opt out” requirements should be considered aggravated- the practice giving/selling addresses of those who have chosen to opt out, for one. I never opt out of emails because it actually increases the amount of spam I get because now they know I’m a “live” address. Also, if opting out involves going to a website, no further advertisements should be allowed on that page, especially "popups", nor should any information regarding the opt out person be gathered without their knowledge. Section E1(2): It depends on the true "source" of the email. If company that has been opted out from in any way fascilitates the sending of your unsolicited example email (3 companies), then yes it's a violation. If a 3rd party sends your example email and you have requested information from them, it is not a violation. Section E2(4): BOTH! I should be able to opt out from the individual, the original source, or both at my choosing. E2(6,7,8) I think the biggest part is the "Procure" part. Indiv. should be allowed to forward adverts on their own, provided they have not been induced, paid, etc. It kind of depends on intent, unfortunately. E4: If the sender of a commercial email is not a specific individual, than the FROM should include an accurate description of the sending entity. Either way a legit sending address must be sent. Thanks for letting me put in my 2 cents. Good luck with your efforts!