Comments:

Re: CAN-SPAM Act Rulemaking, Project No. R411008 To the Commissioners, I applaud your efforts to curb the problem of unsolicited bulk email. However, I am concerned about the proposed requirement for merchants to maintain suppression lists. There are so many problems and costs associated with this idea, and so much damage done to consumers and businesses alike, that I feel I must urge you to consider this matter most carefully. Requirement of the use of suppression lists will seriously damage many of the legitimate publications available on the net. My specific concern is for harm to publishers who require permission from the consumer prior to adding them to any list. They're not who CAN-SPAM was designed to put out of business, but this requirement will very likely have that effect. 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. On top of that, these suppression lists could easily fall into the hands of spammers, leading to more Spam instead of less. I was quite surprised at the potential problems this ruling could involve, and urge you in the strongest possible terms to reconsider its implementation in light of these problems, From my understanding, there are a number of rules in question. One is that FTC is still trying to fully define what constitutes a commercial email message and may even consider marketing messages and links in my tag line as Spam (unrequested commercial messages). There are also some important things to be aware of if I market through a newsletter or ezine especially if I offer or promote affiliate programs or other kinds of promos. The law would make me guilty of Spam if I promoted an affiliate program (a workshop or a product where I make a percentage) in your newsletter to someone who had opted out of that company's promotions even if they haven't opted out of yours. For example If I promote a piece of software as an affiliate (like mind-mapping or client contact etc) and someone receives the newsletter who opted out of receiving email from that software company - that software company can be accused of Spam. This is more true if you sent a stand alone email for this affiliate. Also if I offer my own affiliate program I can be accused of Spam if one of my affiliates markets me to someone who opted out of my list. The really big deal is that among the rules being considered is the proposed requirement for businesses who use email that might include any sort of promotions (including an email signature with a link to my website or a mention of a product or service) to maintain suppression lists. (a suppression list is a list of people who have unsubscribed from your newsletter/ezine) you will then need to share those names with my affiliates and anyone who promotes my services and products, and be responsible for getting those names from the affiliate programs and others that I promote. The suppression list needs to be updated every ten days. Sounds messy and like a bit of a nightmare to me. Respectfully, Theresa Maria Napa USA - Illinois