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How_To_Prevent_Being_Lynched_By_Heavy_Handed_Spam_Laws
| How To Prevent Being Lynched By Heavy Handed Spam Laws
California's new heavy handed spam law, slated to take effect on
1 January 2004, not only provides stiff fines PER SPAM EMAIL
sent. It also opens the doors wide for civil litigation against
a spammer, and gross amounts of cash recovery for "damages" done
to the recipient. In a society that is already embroiled in
lawsuit frenzy, this law appears to be a ticket to instant
riches for any California resident that owns an email account.
The term "spam" of course, refers to unwanted commercial e-mail
that clogs millions of computer mailboxes every day. The
Internet culture's current mindset toward spam is so near to
reaching critical mass, it's akin to that of a rabid and out of
control lynch mob in old Tombstone - to put it succinctly,
"shucks, let's hang somebody."
While 30 or so states in the US now have anti-spam laws on the
books, most of them are difficult to enforce against real
spammers (the ones who send multi-millions of emails at a whack,
hawking this week's special snake oil.) Those people often are
located outside US borders, and are about as easy to track down
as a ghost.
It's my prognostication that few if any real spammers will be
lynched. The people who are most likely to be harmed are
legitimate businesses who participate openly in electronic
marketing, conducting their affairs above board with real
addresses and real phone numbers.
Small emarketers who derive part or all of their income from
email marketing, and have worked to develop their own opt-in
emailing list, appear to be the ones who are most vulnerable to
aggressive anti-spam laws.
The fact is this: Sooner or later, some list member will
"forget" that s/he opted-in, and will inevitably scream SPAM at
the top of their lungs. With the prospect for major remuneration
under the California law, there undoubtedly will be those who
suddenly contract a case of chronic "opt-in amnesia." Managing
the most valid opt-in emailing list in the Universe is about to
become even more taxing.
What To Do?
1. - Develop an iron-clad opt-in agreement that the new
subscriber must read and electronically agree to (via a radio
button, checkbox, etc.) before s/he is presented with your
opt-in form.
2. - Rigorously use a double opt-in subscription process, where
the first message the new subscriber receives will require them
to "confirm" the voluntary status of their opt-in action. It's
likely that this process will reduce somewhat the number of new
subscribers who make it all the way to your opt-in list. Still,
you'll wind up with a higher quality list, containing
subscribers who are serious about reading your emails.
3. - Email any existing lists you have, explaining that you are
cleaning your lists, and asking those subscribers to
re-subscribe under your new policy. (Offer them something good
in return for their trouble.) You may lose some subscribers, but
those are probably the ones who never paid attention to your
mailings to begin with, and are most likely to suddenly contract
"amnesia."
4. - Retain electronic confirmations of all opt-in actions. It
would be wise to save those records externally to disk on a
daily basis.
5. - Provide an automated removal link in all emails sent. A
"reply to this email for removal" or "email this address for
removal" statement may not be sufficient in the near future.
7. - Sign all messages you send, top and bottom, with your full
name and email address. Keeping your name in front of your
subscribers will greatly improve their ability to recall their
voluntary opt-in action.
8. - Be sure your email subject line relates directly to the
context of your message body. This is a prominent clause in most
current spam laws.
9. - Use only a valid and working return address for any email
sent. The recipient must be able to reach you (or a member of
your staff) by clicking the reply button to any email received.
While I don't appreciate being spammed, I've also learned to
quietly use the technology available to me, ie. email filters
and delete buttons. Still, it won't surprise me in the least to
soon hear of some guy who has filed a million dollar lawsuit
because he contracted carpal tunnel syndrome in his "delete"
finger.
Blind and uninformed legislation appears to be laying a
foundation for just such a frivolous boondoggle, as slick
legislators continue to jump on the bandwagon, "taking action"
on popular social issues as a self-serving exercise in ensuring
their own re-elections.
What I fear most however, is a terminally diseased social
consciousness that refuses to take individual responsibility,
while expecting big government to be a panacea for all ills, no
matter how small or insignificant.
About the author:
Dan B. Cauthron runs several websites and publishes his 100%
original and highly opinionated *Revenew QuikTips* online
whenever he has something significant to say. To subscribe
please visit: http://DanBCauthron.com Dan also operates:
http://Earn-Revenew.com http://SlideInADSGenerator.com
© Copyright 2003 - All Rights Reserved Worldwide Serenity
Marketing Group - Dan B. Cauthron
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