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Business Article is syndicated
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Syndicated articles are written by independent authors and the contents represent the author's views. The content of the article does not necessarily represent the views of Company Web staff and management.
 How To Prevent Being Lynched By Heavy Handed Spam
Laws
By
Dan B.
Cauthron Copyright ©
2003
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 his 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.
© Copyright 2003 - All Rights Reserved Worldwide Serenity Marketing
Group - Dan B. Cauthron
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