[epub] Re: New MI and UT email compliance laws, July 1st enacted

["beth@xxxxxxxxxxxxxx" <beth@xxxxxxxxxxxxxx>]

 I am seriously considering ceasing all email contact. I've already had
someone hack my email and send out spam so I'm not wanting to take any
chances. I think I'll go with the blog and RSS options from this point on. 

I can't imagine how email accreditation is going to do anything but make a
few people rich. What happens if your system is hacked and it's not you
sending the emails, can you still be held liable? Someone told me I would be
vindicated if my IP address is read in the headings but I'm not totally
convinced that will help.

I'm a member of the Web Law Generator affiliate program. I'm going to check
and see what the head honchos there are saying about this.

Beth

 

-------Original Message-------

 

From: Tod & Deanna Mascle

Date: 07/02/05 09:05:52

To: Epub Discussion Group

Subject: [epub] Re: New MI and UT email compliance laws, July 1st enacted

 

I have so many questions I think my brain might explode! However I will

start with just four:

 

First, I understand the law went into effect yesterday, but does that mean

from here on out we can be sued or do we have some time to sort out our

options?

 

Is anyone else thinking about totally ceasing all email publications? I

haven't decided yet but it is certainly something I'm thinking about. I'm no

lawyer and am in information overload--but it looks like we could do

everything humanly possible and still be sued.

 

Is anyone currently or considering email sender accreditation? Is this

really any type of protection? http://www.isipp.com/iadb.php

 

Finally, anyone have a good complaint letter template (my brain is buzzing

too fast now to settle to anything approaching literacy let alone fluency)

and suggestions for the top folks to direct it to. I'm not sure any one in

our state government would give a hoot. I'm sure they think it's a wonderful

idea and will get around to it as soon as they are done handling the posting

of the 10 commandments and school prayer issues (can't take the time to pass

a budget but they are on top of all those pressing human rights issues...).

 

My favorite item on the list:

 

Both Michigan's and Utah's laws prohibit an email marketer from sending

email to any email address or domain on the registry, even if the email is

otherwise solicited, if the email contains material or links to material

which is otherwise illegal to provide to minors.

 

This means even if we scrub our list and the person opts in after we scrub

then we're screwed, right?

 

I'd also like to know (although obviously no one can tell us now) just how

far the linking to material will go. I don't include any direct links in my

email to anything listed as prohibited (except sometimes contests which may

or may not be affected but that is a separate issue) BUT we know everything

on the internet is not far from anything else--especially if we or anyone we

link with has a search box on their site. Heck a broken or malformed link

caused by simple human error could put you in a bigtime jackpot.

 

Deanna Mascle