Comments:

Re: CAN-SPAM Act Rulemaking, Project No. R411008 __To the Commissioners, __Thank you for addressing the problem of unsolicited bulk email. I have concerns about the proposed requirement for merchants to maintain suppression lists. __I must urge you to consider the many problems and costs associated with this idea, and the damage to consumers and businesses alike. Please give the utmost consideration to unexpected or unintended effects, casualties, or penalites of this rulemaking. __Requiring the use of suppression lists will seriously damage many of the legitimate businesses and publications on the net. My specific concern is for harm to publishers who require permission from the consumer prior to adding them to ANY list. __These are not the individuals the CAN-SPAM act was designed to put out of business, but I fear this requirement will very likely have that severe negative effect on legitimate businesses. We are already overrun with laws and regulations that penalize respectable individuals and businesses, while having NO IMPACT on criminals. Please act with extreme prudence while considering this matter. __There's also the potential for significant harm to consumers, because of the problem of properly knowing their intent when they unsubscribe from a list. In addition, the mandatory high proliferation of these suppression lists between affiliated marketers increase the potential for aggravated violations where these lists could readily fall into the hands of spammers, leading to even more spam instead of less. __I offer anecdotal evidence that, since the act was enacted, I have has an INCREASE in the amount of spam I receive. Prior to 1/1/2004, I received about 100 spam per day. At this writing, I'm often seeing upwards of 400, and peaks at nearly 700 spam per day. Clearly the criminals aren't concerned, yet the commission wants to further constrain legitimate business. Yes, something needs to be done, but this rulemaking is not it. __I recognize the good intent behind this rulemaking, but I am astounded at the vast number of unanticipated consequences this ruling could involve, and urge you in the strongest possible terms to reconsider its implementation in light of these problems. __Respectfully, Michael Cowen Scottsdale, Arizona