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
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
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
issue of opt-outs as it relates to 3rd party advertising,
possible interpretation they may adopt in that area that
have serious consequences to the Internet marketing community.
The following has recently been reported as coming from
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
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
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
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.
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
for public comments as they design their enforcement criteria.
As always, I will continue to keep you informed as developments
See you next time,
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.