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Old 12-29-2003, 11:46 PM   #1
Webmaster5000
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Default USA Can Spam legislation details?

Anybody have any technical details on what this involves and means for us webmasters?

I don't think it really applies to me, but I'd like to be sure. My site only sends registration emails (user generated on registration), notification of account cancellation (such as due to inactivity), and password reminders (when the user requests it).

I doubt any of that counts as spam, but I'd like to be covered if I need to be...
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Old 12-30-2003, 10:58 AM   #2
SinisterX
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lotsa holes in the law - they only go after those that forge the headers

As long as your SPAM contains ways to opt out they won't be going after you. This law will be turning down the strict virginia law ;-(
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Old 12-30-2003, 11:30 AM   #3
Steve_S
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Yep

This law was rushed through the House and the Senate by the powerfull email/marketing lobby. Bush signed it into law a week or so ago.

The major goal was to superceede the California Law which permitted consumers to sue spammers so this California law is no more. <sigh>

The name of this law says it all as in Can Spam

See:

http://news.com.com/2010-1028-5125192.html

http://www.cauce.org/news/index.shtml

This new law guarantees a significant increase in SPAM as each spammer gets one free shot and the enforvement of this law is left to the state attorney generals and not the consumer.

You look fine on the emails you send. I'm assuming that your script/service retains some data like an IP that they actually signed up to be exstra safe and that your TOS inidcate that the user agrees to the email and natch can opt-out anytime they wish.

Just make sure your site also has some sort of Abuse/No Spam page with your clear thoughts about what you will do with accounts that Spam.

HTH
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Old 12-30-2003, 02:17 PM   #4
billion
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Default Checklist.

I received this checklist from a friend. It should cover the most
important issues about the new law:


- Use A Valid From Address - i.e. Brand Name and/or person at your company - clever from addresses are no longer allowed

- Do not use misleading subject lines - tell the customer what's in it for them - or what offer / content is contained within the email

- Do not send misleading marketing materials

- Include an unsubscribe link within each email

- Include a physical mailing address in every email


Does anyone know what sort of law existed before this one? None? Only state laws?

I thought SPAM already was illegal in the US?
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Old 01-23-2004, 03:00 PM   #5
msealsmusic
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LOL this is to much Let me get this straight I can send out billions of unwanted emails as long as

#1 I harvest and test a from list so that all the froms are actual email addresses and not fakes (don't spammers do this anyway cause alot of filters filter out what looks to be fake email addresses)

#2 Make sure that when I am selling you a car I don't put anything that says i am selling you something else. (misleading would be placing something in the subject completely dif than what I am selling)

#3 Ok misleading marketing I am a little lost on this. So I am assuming I can send them try it out here or check this out here and just have a link (sorry I don't know how to do all this )

#4 have a place to opt out so I can know it is a real email address to sell to others or to use in dif types of emailings

#5 get ahold of Steve_S 's house address so they can go gripe at him stead of me

Did i miss anything??
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Old 01-24-2004, 09:59 AM   #6
Czar

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mseals, a few notes:

#3 Misleading marketing materials refers to the content of the message. The FTC has always (in theory) ruled against false advertising anyway, which is what this covers (ie guaranteed to enlarge your [insert random body part and/or ego here], get into our groundbreaking pyramid scheme in pre-launch, the perfect defense against Anthrax is now available for $29.99*, etc). Personally, I still receive this consumer **** en masse from lonely men living in their mom's basement somewhere in Iowa; Can-Spam or not.

#1 + #5 - These must be your personal details, or those of your organisation. Spoofing and otherwise providing false or misleading contact details is strictly prohibited under the act.

That said, Can Spam is riddled with holes and is unlikely to dent what appears to be a thriving and increasingly powerful collective.

The perfect solution would be to encourage the general public not to buy from these snake-oil salesmen, but a few quick and decisive raids followed by the delivery of hefty penalties and genuine jail time is my preferred solution after watching the industry swell with miscreants for years.
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Last edited by Czar; 01-24-2004 at 10:00 AM.
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Old 01-24-2004, 12:54 PM   #7
cheznoir
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Don't forget, ignoring the law. Most providers still have anti-spam clauses in their AUP and do enforce them. Some are lax, some are up on it, so it is still worth pursuing spammers.

Chet
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