Is
your email clogged with unsolicited email, some of which is totally
offensive?
SPAM
is unsolicited bulk email.
Use
of the term "SPAM" for bulk email is said to derive
from a Monty Python sketch in which the food Spam is in every
dish served in the restaurant. (Spam is a canned meat product
manufactured by Hormel.)
SPAM
has also been linked with fraudulent business schemes, chain letters,
and offensive sexual and political messages. Efforts to curtail
it have been largely ineffective.
Not
all bulk email is SPAM.
Some
is permission-based, meaning that the recipient has asked to
receive it. For example, if you sign up at the time of making
a purchase to receive email or a newsletter (known as "opt-in email").
Unlike SPAM, opt-in email usually provides a benefit such as
free information or sale prices.
Hopefully,
everyone receiving this email welcomes it. Otherwise, please feel
free to opt-out (see instructions below).
What's
the law on SPAM?
Anti-SPAM
legislation has also been proposed in more than half of the states.
State-specific anti-SPAM laws make little sense on the Internet,
which is global and in which geographic boundaries are difficult
to enforce. As a result, we have a patchwork of inconsistent
laws.
There
is a lot of legal controversy about whether SPAM should be treated
any differently than "mass mailings" or "mass telephone
calling." Regulating SPAM also raises Constitutional questions
about infringing on First Amendment rights to free speech.
The
US Federal Trade Commission has the authority to take action against
fraudulent or deceptive commercial and advertising practices.
Recent announcements indicate that the FTC is becoming aggressive
in initiating enforcement actions against offensive SPAM.
Dealing
with SPAM
Until
the law becomes more clear, strategies for dealing with SPAM include:
-
reporting
SPAM to your Internet Service Provider and the regulatory
authorities, including your local Attorney General and the
Federal Trade Commission;
-
deleting
email just like you throw out unwanted junk mail and delete
unwanted messages on your answering machine;
-
and “opting out” and using “filters” to
reject bulk emails.
If
you use email for marketing:
-
provide
an easy way for people to be removed from your list;
-
ensure
that your email has a valid return address and that your content
is truthful and not misleading;
-
and
if your email has "adult" content, put "ADV:ADLT" (for
Adverstisement:Adult) in the subject line.
In
conclusion, the state of the law on SPAM is unclear. Used appropriately,
email can be a powerful marketing tool. Used inappropriately,
email is obnoxious. At this point, the FTC is best positioned
to pursue those who send misleading or deceptive, unsolicited
email in the US. For more about the anti-SPAM movement, worldwide,
visit the Coalition Against Unsolicited Commercial Email (CAUCE)
at http://www.cauce.org/
Jean D. Sifleet
Attorney & CPA
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Jean Sifleet, business attorney, CPA and three-time entrepreneur, is pleased to announce the release of her new book, Advantage “IP”: Profit from Your Great Ideas. Visit the Smartfast Bookstore for details, and to order the book.