| Comment Number: | OL-102631 |
| Received: | 4/14/2004 8:25:28 AM |
| Organization: | |
| Commenter: | George Boucher |
| State: | SC |
| Agency: | Federal Trade Commission |
| Rule: | CAN-SPAM ANPR |
| Docket ID: | [3084-AA96] |
| No Attachments |
Comments:
As I understand the Act complying with the Act will be a criminal violation of numerous other laws, for example I am forbidden to disclosure customer addresses in some states and countries but a suppresion list will give those addresses to foreign email marketing companies and then IF they use the addresses for marketing it may make me liable but not giving the supression list addresses makes me liable.. either way I CANNOT act legally. I have had my personal email address hacked and then used to send spam which actually originated in ISRAEL, NIGERIA, ISRAEL, and INDIA. My ISP found the original senders and acted. 3 were commercial messages and one was supposed to be from the US Government but was also fraudulent. Had it been a commercial message instead of a government message, even though NOT from the apparent sender law suits and criminal charges would have destroyed any business. The fake government email included an attempt to wire transfer an large sum out of my checking account, supposedly to a government agency, which did not happen only because I did not have that much money. This is connected to the current identity theft scandals and if it had been successful would have left me broke, possibly sued for breach of the CAN SPAM Act and with my credit wrecked and identity stolen. The information to hack my account seems to have been obtained from an Email Suppression List of people with investments. A suit for something totally fraudulent like this would wreck any business. Giving the addresses on suppression lists is dangerous and also according to attorneys I have asked illegal in the USA . My main advertising has been useful information which I give away and allow others to give away hoping to get site visitors from my URL being in the free information. The way it has bdeen expalined to me if someone I never gave the information to gives it to someone who does not want it I might be liable. Rules like this will drive most internet business into bankruptcy or out of the USA and all the income and taxes into foreign hands. The Act needs to be changed so that it does not create criminals from innocent people.