still Rumbling (part 2 of 2)

Yes, the law is upon us!

Well, sort-of, looks like it is still developing?

Yesterday I talked about the differences I have seen since Jan 1 and the enactment of CAN-SPAM.

Today I am going to share with you Bruce Safran's (internet lawyer and author of AutoWebLaw) insights about what's shakin up in the legal community and how the interpretation of CAN-SPAM may affect us more then we thought.

You may want to pay attention ;)

But first I want to give you a couple of links you may want to check out. The first is where the actually law resides on the net so if you are so inclined, you can read every section for yourself.
Second, here is a link to an ebook that one of our e-filtrate members wrote on the Bill. She goes into every section in detail.
Now lets get into it!

Bruce just wrote the following editorial for his newsletter and I got permission to pass it on.

After Bruce, I have another important link for you so be sure to read all the way through. Heeeere'ss Bruce.

As you may or may not know, there has been many developments since I wrote the article on CAN SPAM.
My article and opinions, like many others that were written
shortly after the act was passed and, was written for the
purpose of giving the Internet marketing community a heads-up before the dust had settled.

In fact the dust is still not settled.

Most notably, it is unclear how the FTC will deal with the
issue of opt-outs as it relates to 3rd party advertising, and a
possible interpretation they may adopt in that area that could
have serious consequences to the Internet marketing community.

The following has recently been reported as coming from the
horse's (FTC's) mouth: "If anyone in the US clicks on a commercial email message's opt-out link, their name has to be suppressed from all commercial emails "from" the product or service brand that the initial message was about. ("From" means whether you push the send button yourself, or an outside marketer sends an email to anyone on your behalf.)"

Personally, I can't believe that the final regulations will
carry that interpretation. There would be no way the Internet
marketing community could comply, and enforcement would raise serious privacy and constitutional issues that would inevitably and quickly find their way into the house of the judiciary. The eventual outcome would be a finding that the act was unconstitutional as applied.

In addition, I was interviewed in a live teleconference on the
issues of the CAN SPAM ACT as well as many other legal issues of concern to Internet marketers.

During the teleconference I addressed the fact that there were many uncertainties concerning how the act would be interpreted and enforced. I specifically addressed the "suppression" issue and made it clear there has been no conclusion about how the FTC would finally interpret and
deal with that issue.

It is important at this juncture, not to present information
that may be incomplete or misleading to the Internet marketing community. So I want to make it clear that the interpretation and enforcement of this law is in a state of development.

I would also like to make it clear that in no way do I endorse a "stop doing business" as usual model rather I would suggest your e-mails comply with the obvious and clear new regulations such as, among other things, including your physical address in every e-mail and making sure that you promptly delete names and addresses of those who have opted out of your mailing.

In fact, within the next 60 days or so, the FTC will be asking
for public comments as they design their enforcement criteria.
As always, I will continue to keep you informed as developments happen.
See you next time,

Bruce Safran

Very interesting, yes?

Also, that teleseminar he was referring to I was actually on and it was *incredible*. So much so that I tried to buy rights to it so I could distribute to e-filtrate members. But, no suck luck :(

The next best thing I can do is give you this link that has my affiliate code on it and reimburse you the commission. (just email me your receipt)
Bruce not only goes into what we need to do (or not do) to comply with CAN-SPAM (in a no nonsense way) he goes into many other aspects of the legality of doing business on the Internet. It really was good, and for only $49 less my rebate, you just can't beat it.

Once again, stay tuned, more will be revealed.

© Sonic-Rocket Marketing, 2003-09

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