Comment Number: 516736-00008
Received: 5/17/2005 6:35:24 PM
Organization: McKesson.com at Cookeville
Commenter: William Shires
State: TN
Agency: Federal Trade Commission
Rule: Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act
Docket ID: 3084-AA96
No Attachments

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.