|Received:||8/28/2004 2:39:22 PM|
|Agency:||Federal Trade Commission|
|Rule:||Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act (NPRM)|
Comments:I take a very simply view of email it is like my phone, my number is unlisted so that strangers don't call me. Unlike postal mail, I bear the cost of incoming and server stored email. I even pay for the communication capabilty. It is my time that is consumed to weed out the spamvertisements. ======= 1) Any email/msg containing banners, images, linked images, so-called webbots, etc. or commercial representations of any kind or providing/containing an advertisement or promoting or providing a link to a product or service which is not SPECIFICALLY AUTHORIZED or requested by the recipients should be considered unsolicited/unauthorized aka:spam and should be classified as such. See 2, 4 and 5. ======= 2) Any unsolicited/unauthorized emails with advertisements or commericial content should allow the recepient to be compensated for the theft of services, and invasion of privacy. As in the current situations, if there is no way for the 'individual' to be made whole then it is just another inconvenience for the spammers/commercial senders. The amount must be sufficient to cause the offender more then inconvience and the ability for the recipient to gain compensation must be easy and swift. ======= 3) Any and all emails from any commercial entity, business, agent, affiliate or individual which promotes or in anyway represents a product or service must include a valid postal address, telephone number (toll free if not local to the receipient) and contact person reportable to the FTC, State/local Consumer Protection, etc. ======= 4) Make internet service providers responsible for the processing of bulk emailings and hosting the spammer sites. As long as they make money out of allowing or hosting the services that do the spamming they are every bit a part of the problem. It is amazing the number of abuse@somplace which take absolutely no action against known and proven spammers. Freedom of speech does not include stealing services that I pay for. ======= 5) Establish a OPT-IN/subscription site where any commercial enterprise/individual or business can list themselves, there services, products, etc. (kind of like a galactic yellow pages) where potential receipients can specifically indicate that they are willing receipients of emails from a class of providers, i.e. automakers, drug companies, financial or just specific companies. If they violate it the fine must be very harsh. ======Finally========================================================== Get the DMA, any other marketing associations and organizations, special interest groups and any other commercial entities (including anti-spam product companies) out of the decision process they all have a vested interest in the continuing invasion of my privacy and perpetuating their own existance. The FTC and state/local entities must get consistent and work together for the benefit of individuals NOT the benfit of businesses and marketing associations. As a consumer it is my right to choose who I do business with and this is the same right of privacy and use of my email that I should be able to enjoy. IFAN EMAIL IS SENT TO ME, EITHER DIRECTLY OR IN SOME OTHER MANNER, REGARDLESS OF WHO SENDS IT, IT IS MY DECISION AS TO WHETHER IT IS SPAM/UNSOLICITED NOT SOMEONE ELSE'S.