|Received:||4/15/2004 10:46:19 PM|
|Agency:||Federal Trade Commission|
Regarding "E.2 Issuing Regulations to Implement Various Aspects of CAN-SPAM -- “Forward-to-a-friend” scenarios." -- IF the person actually SENDING the email has total control over the CONTENTS of the email, or has full knowledge of the contents that will be sent, then THAT PERSON should be the one made responsible for complying with the act, NOT the company who is encouraging the person to do so. In this case, the mechanism used to send/deliver the email is irrelevant. It should NOT matter whether the email is sent by way of the sender's personal email client (on their home or office computer) or via a "Tell a Friend" software application on the company's web server -- the person clicking on the "Send" button should be the one held accountable for that email! If, on the other hand, the person has no control over the content of the email, and doesn't know what message will be sent, then the company who created that content should be held responsible for the compliance of the emails contents with that act. However, the act should reasonably assume that anyone using a "Tell a friend" form will only be referring people with whom they have a prior relationship. If I want to use a "Tell a Friend" form to tell my sister about something, the message shouldn't be treated as commercial in nature, no matter what it contains.