|Received:||5/17/2005 6:35:24 PM|
|Organization:||McKesson.com at Cookeville|
|Agency:||Federal Trade Commission|
|Rule:||Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act|
Comments:Ensure that the Acft is very clear in identifying WHO the sender is, and consequently, who is responsible for removing someone from a list. Example: Spam with a forged 'From' address is used, and the recipient complains to the (forged) addressee. Since the alleged sender is not in fact the sender, they should bear no responsibility for action. Require the complainant to understand and provide message headers and clarify that only the originating sender is responsible. Require the (forged) sender to ensure systems are not relaying or infected and make it very clear that that is their only requirement If they fail to ensure compliance, then and only then would they become liable.