[epub] RE: Whether it is every ok to add subs without permission

["John Glube" <jbglube@xxxxxxxxxxxx>]

|From: Daniel Hedrick Sent: January 11, 2005 1:27 PM
| 
|Quoting John Glube <jbglube@xxxxxxxxxxxx>:
|> ...don't try and cheat and ask that the
|> exemption for implied consent be as broad as the barn door
|> after the horse leaves the barn.
|
|Okay, first I'll admit that I haven't done the required
|homework on CANSPAM...

You can find a copy here:
http://www.learnsteps4profit.com/antispamus.html

|So the root of my question is, does CANSPAM define "implied
|consent"?

<snip>

No. The concept of implied consent does not arise within
the legislation.

The legislation regulates email. It imposes certain
prohibitions and obligations that must be satisfied when
sending a commercial, transactional or relationship message.

One of the prohibitions is that you can't send a commercial
message without clear and conspicuous notice that it is an
advertisement or solicitation.

This prohibition does not apply if the sender has
affirmative consent from the recipient.

The significance of the regulations announced in December? 

These aid people in classifying a message and so determine
what prohibitions and obligations must be satisfied under
the Act.

One mistake that people make is to think, well if my email
is compliant with the Act, this means ... well what does it
exactly mean?

Does it mean that an ISP must deliver the message?

No.

Does it mean that a block list can't list the IP address I
use to send email as a spam source?

No.

Does it mean that people can't complain about my email
message?

No.

It does not mean any of these things.

The Act merely imposes certain prohibitions which must be
satisfied, depending on the message classification, along
with establishing certain fines collectible for violations
and providing for jail time for the worst offenders.

Remember. The Act does not:

* define spam;

* tell marketers what are best practices;

* tell ISPs what messages they must accept or reject;

* tell block list or filtering services how to operate; or

* tell the consumer, you can't complain about this or that
type of message.

All this is left to the email industry to sort out among
itself. One segment being online publishers.

Given this, here is the question. What is best industry
practice when sending bulk email?

John

P.S. The article in my sig file may help.

John Glube
Toronto, Canada

Who Pays And How To Survive The Email Transition
http://www.learnsteps4profit.com/emwp.html





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