Comment Number: OL-104326
Received: 4/16/2004 5:51:35 PM
Organization:
Commenter: Harris
State: NY
Agency: Federal Trade Commission
Rule: CAN-SPAM ANPR
Docket ID: [3084-AA96]
No Attachments

Comments:

For the Commission's information, I work in the Information Technology sector, and have over 10 years experience working with computers and networks. A Do Not Email Registry will NOT work because illegal spammers will not use it, and many are beyond the reach of federal regulatory officials since they are in foreign countries. The CAN-SPAM Act is a joke, because 1) It allows an opt-out, rather than opt-in, provision, so companies get at least one "free" e-mail message before they are in violation. 2) It pre-empts tougher state laws. 3) It denies users - the ones who suffer most from spam - the right to sue spammers, and only allows the federal and state governments and ISPs to take legal action. If none of those entities choose to take action, individuals are powerless to do anything, and will only continue to suffer. Item C - Companies can implement automated solutions that immediately remove users from mailing lists - if they choose to deploy the technology, just as many immediately add users to mailing lists. Therefore, the removal time should be much less than 10 days. Item D - editing the "from" line of a message to make it appear that it came from an innocent third party, which could subject that individual to unwarranted reprisals from aggrevated recipients.