| Comment Number: | OL-103465 |
| Received: | 4/15/2004 11:59:31 AM |
| Organization: | AEO Publishing |
| Commenter: | Amy Mossel |
| State: | MI |
| Agency: | Federal Trade Commission |
| Rule: | CAN-SPAM ANPR |
| Docket ID: | [3084-AA96] |
| No Attachments |
Comments:
Re: CAN-SPAM Act Rulemaking, Project No. R411008 I publish a newsletter to just under a million subscribers. There are legal and privacy issues facing publishers who are required to give out the addresses of people who unsubscribe. When discussing a properly run list, meaning one that requires affirmative consent and has a working unsubscribe system, the subscriber is in complete control. They can stop any or all mail from any or all such lists at any time. The problems that the Act is intended to ameliorate do not stem from such publishers. Many of the best publishers have for years had a simple statement of their policy regarding sharing of subscriber addresses: "We won't. Under any circumstances." Is it within the intent of the Act that people who have assigned a right to another (use of their email address for delivery of specific content, with the promise that such use would be reserved to the holder(s) of that permission) should be required to be subjected to the potential harm described above despite the conditions of that assignment? In layman's terms, does the Act make it right for consumers to be potentially abused by forcing publishers to violate their agreements with their subscribers? Conversely, should consumers be refused the right to receive content from someone they want to get it from because they unsubscribed from someone else's list? And, subscribers can 'unsubscribe' at any time. But It is, in most cases, impossible to know the intent of an individual when they send an unsubscribe request, beyond that they don't wish to receive further email from that list at that address at that moment. Because of the size of my subscriber list I have people unsubscribing, subscribing, and/or making changes to their subscription every single day. Do I need to refuse advertising in the future of anything previously advertised, or do a match of my subscriber list and every advertisers suppression list before sending each issue? Sincerely, Amy Mossel Your Membership publications http://www.Your-Membership.com