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[epub] The FTC and Best Practices

On the issue of best practices as many probably
are aware, the FTC has issued a call for comments
on the proposed rule making process for "the Act,"
along with requesting input on the reports the FTC
has to file with Congress.

Although the time for filing comments on the
Do-Not-Email-Registry has passed, there is still
time to file comments on the rule making process
and the remaining reports.

How is this relevant? The rule making process will
establish a minimum set of standards for

One of the main issues of contention under "the
Act" is the apparent requirement that "affirmative
consent" list owners maintain a private
do-not-email-list (the suppression issue) and the
potential impact this may have on affiliates,
distributors or dealers who use opt-in email

There are four related issues:

* What are the disclosure requirements to obtain
"affirmative consent?"

* The suggested need to include multiple addresses
for advertisers when the email message contains
more than one advertiser.

* Whether or not you need to collect the name of
the subscriber given the definition of

* In using co-registration services based on the
wording used for "affirmative consent" can a
potential subscriber give "blanket consent"
sufficient or must their be a specific list of

I have posted an article online, which provides a
suggested proposal for e-publishers, includes some
comments on practice and raises questions
e-publishers may want to consider in filing their

For those who are interested, the article can be
found at:

I realize this does not directly respond to your
query about best practices, but hopefully it adds
value to the discussion.

Kind regards,

John Glube
Toronto, Canada
voice: 416-535-6366; mailto:john@xxxxxxxxxxxxxxxxxxxxx
private message:
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