Monday, June 30, 2008

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Friday, June 27, 2008

FTC APPROVES NEW RULES FOR THE CAN-SPAM ACT

On May 12, 2008, the Federal Trade Commission (FTC) announced new rule provisions under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act or Act). These new rule provisions could have a significant impact on your email practices as they modify and clarify certain key definitions and requirements of the Act. The new rule provisions are a follow-up to a Notice of Proposed Rulemaking (NPRM) on these and other CAN-SPAM topics published by the FTC in May 2005.

Who Is the Sender in Multiple Marketer Emails?
The final rule modifies the definition of sender to address scenarios where multiple marketers advertise their product or services in a single email (for example, when a commercial email from an airline also contains advertisements and promotions for a hotel chain or a car rental company). Prior to the FTC's adoption of the new rule, each advertiser in a multiple marketer email was required to comply with the sender obligations of the Act, including scrubbing the mailing list against their own do-not-email list and providing an opt-out mechanism and a valid postal address in the email. Under the new rule, multiple marketers may designate one member of the group as the sole sender who will be responsible for compliance with the Act (the designated sender). The designated sender must: 1) Meet the definition of sender (i.e., initiates the message in which it advertises its own products, services or Internet website); 2) Be identified in the from field of the email message; a! nd 3) Comply with all sender obligations of the Act. Notably, however, if the designated sender does not comply with the Act, all marketers in the message would be liable for non-compliance. The new rule is intended to provide marketers with flexibility in structuring their messages and to alleviate the redundant obligations for the various marketers in a single email. For example, applying the new rule to the example above, the hotel chain and the car rental company could designate the airline as the designated sender and have the airline's name appear in the from line of the email message. In such case, even if the hotel chain and car rental company advertise their services in the email and supply the airline with email addresses, the airline and not the 2 hotel chain or car rental company would be responsible for honoring opt-out requests made by the recipients and providing a valid physical address in the email message. However, if the airline does not comply with the sender obligations of the Act, the airline, hotel chain and car rental company would all be liable for the airline's noncompliance.

Application to Forward-to-a-Friend Email Campaigns
In the NPRM, the FTC provided some guidance with respect to CAN-SPAM'simpact on forward-to-a-friend email campaigns. The FTC's latest statement provides further guidance, explaining that while the inquiry is highly fact specific, the application of the Act would likely turn on whether the seller has offered to pay or provide other consideration to the forwarder. The FTC explained that the starting point of any analysis is whether the sender initiates the message and its product, service or Internet site is advertised in the message. The Act defines initiate to mean to originate or transmit [a commercial email] or to procure the origination or transmission of such message but shall not include actions that constitute routine conveyance of such message. Based on this definition, if the seller is only involved in a routine conveyance (which is defined as the transmission, routing, relaying, handling, or storing, through an automatic technical process) of such message, the sell! er would be exempt from the obligations of the Act. Notably, this exemption would not apply if the seller retains the email of the person to whom the message is being forwarded (such as for future marketing efforts) because such act would go beyond simply playing a technical role in routing the email. Nor would a seller be engaging in a routine conveyance if it procures the transmission of an email (which is defined as intentionally to pay or provide other consideration to, or induce another person to initiate [a commercial email] on one's behalf). The FTC explained that a message would be procured if the seller offers consideration (something of value), even if it is de minimis consideration, in exchange for the forwarding of the email. Accordingly, if the seller offers something of value to the recipient, such as money, coupons, discounts, awards, additional entries in sweepstakes or the like, in exchange for the forwarding a message, the seller would be procuring the em! ail and, therefore, would be required to comply with the Act. ! Notably, in the NPRM, the FTC suggested that a seller could be subject to the Act, without offering to provide any consideration, if it urged visitors to forward the message to a friend (e.g., Tell-A-Friend - Help spread the word by forwarding this message to friends! To share this message with a friend or colleague, click to the Forward Email button). The FTC's latest comments take a different position, advising that the forcefulness or specificity of the 3 language used by the seller should not by itself trigger the Act. Nor should the use of language exhorting consumers to forward a message, absent more subject a seller to liability under the Act. This is a significant development because it means that the exhortative language in the Tell-a friend example above would not - by itself - trigger CAN-SPAM liability.

Definitions of Person and Valid Physical Postal Address
Though used frequently throughout the CAN-SPAM Act, the term person was never previously defined. The new rule defines person as an individual, group, unincorporated association, limited or general partnership, corporation, or other business entity and is intended to make clear that the term person should be broadly construed and is not limited to a natural person. As noted above, the sender of a commercial email message must include a valid physical postal address in the email. The new rule clarifies the definition of valid physical postal address to include a post office box or a private mailbox so long as such mailboxes are registered in accordance with postal regulations. Thus, a sender of commercial email can satisfy the valid physical postal address by including a current street address, a post office box, or a private mailbox in its email.

Maintained 10 Day Requirement for Honoring Opt-Out Requests
After soliciting comments on the potential benefits of reducing the opt-out grace period from 10 business days to 3 business days, the FTC declined to do so. In affirming the 10 business day period, the FTC acknowledged that the 3 business day opt-out could impose substantial burdens on legitimate commercial email marketers, particularly smaller entities.

Thursday, June 26, 2008

Billy the Brit is giving away £19 mil

Mr Johnson Billy (mrjjohnsonbillys6@msn.com) says:

MY DEAR FRIEND

I am Mr. Johnson Billy the head of accounting department at the NATWEST

BANK PLC UK. I am writing this letter to solicit for support and
assistance from

you to carry out this business opportunity in my bank.

Lying in an inactive account is the sum of (£19,000,000.00 pounds) nineteen

million pounds belonging to a foreign customer (Hammond Paul) who was a

gas consultant here in UK, who happens to be deceased during a

business trip. He died with his wife (Hammond Joan) on board the Swissair

Flight 111, which crashed into the Atlantic off Nova Scotia in September

2nd 1998. The news of this crash was on the news, which we have notified

his relatives to no avail. See links below for more detail information:

http://www.waymarking.com/waymarks/WM2YVM

http://www.cnn.com/WORLD/americas/9809/07/swissair.victims.list/index.html

Ever since he died the bank has been expecting his next of kin to come and

claim these funds. To this effect, we cannot release the money unless

someone applies for it as next of kin, as indicated in our banking

guideline. Unfortunately he has no family member in UK or Over-sea who are

aware of the existence of the money (as he was a gas consultant. At this

juncture I have decided to do business with you, to this effect I solicit

your assistance in applying as the next of kin to the bank then the money

will be released to you, as I do not want this money to go into the bank

treasury as an unclaimed bill, because the banking law and guideline

stipulates that if such money remains unclaimed for a period of up to

(15yrs), the money will be transferred into the banks treasury as an

unclaimed bill. My request for a foreigner as next of kin is occasioned

by the fact that the customer was a foreigner and a UK citizen

cannot stand as next of kin. 40% of the money will be your share as a

foreign partner and your assistance to actualize this business, 5% for

any expenses incurred. The rafter I will visit your country with your

help once the money hits your account for disbursement according to the

percentage indicated. To affect the immediate transfer of the fund to you

as agreed, you must apply first to the bank as the next of kin to the

deceased, and then we will follow up all formalities for the transaction.

Upon receipt of your reply, I will send to you, the text of the

application you are to send to the bank, and further clarify you in other

issues as to affect this business. Wait to hear from you urgently.

best Regards

Mr. Johnson Billy
NATWEST BANK PLC 4
Abbey Street Gardens Thames Valley Corporate Banking RG1 3BA

Monday, June 23, 2008

Irinka: "Looking for love in all the wrong places"

Irinka K sent this in:

Ave, dear

I don't remember the singer and the name of the song, but I really like the phrase: "Love is all around". This phrase describes very well what I think and what I am looking for. Love is always in our hearts and one doesn't have to look for it, just feel it inside you and see how happy you
are.

However without anybody to share the love with our lives become dull and grey. I miss that someone in my love who can share my love, aspiration to beauty and coziness, love to family and at the same time love to adventures and romance. I really hope that you are that kind of man, strong, but tender, wise, but kindhearted, generous, but reasonable, please write me back at
www.searchyourlove.net/7756/

Waiting for your
Ira K.

Monday, June 16, 2008

misspelled pomposity

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Tuesday, June 10, 2008

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reply-to Rene Metcalf <rene.metcalf_jm@prodigy.net>

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Sunday, June 8, 2008

a satellite affair

MyNewSatelliteTv <cozmo@save.begin-life.com> makes false statements:
reply-to cozmo@save.begin-life.com
date Mon, May 26, 2008 at 3:40 AM
subject Satellite TV 4 Your PC
mailed-by save.begin-life.com
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This email is a commercial advertisement. If you wish to not receive
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Friday, June 6, 2008

Jamster deals

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month in accordance with Jamster's Terms of Service. The Jamster XXL
Subscription Plan features monthly credits for 6 ringtones, 10
graphics and 4 games/apps (games/apps are not available for Verizon
Wireless & Virgin Mobile customers). Not available on all carriers or
mobile phones. To redeem your credits or for more information go to
www.jamster.com. Unused credits roll over to the next month. The
Jamster XXL Subscription Plan automatically renews if not cancelled.
If you request an item of content that is not supported on your
handset, Jamster will send you an item of content in a comparable
format. Standard text messaging rates and data charges apply. A
carrier data plan is recommended. All charges will be reflected on
your wireless phone bill. You must 18 years old to sign up.
Individuals between the age of 13 and 18 must have parental consent to
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Wednesday, June 4, 2008

music and watches

music junk mails can be truly informative. And they know that some
time in the past I have corresponded with Copeac (whom I recommend as
a good affiliate service). Ringtone and Copeac - does not make sense.

info@copeac.com
Thu, May 8, 2008 at 10:02 PM
subject Updated Ringtone Compliance
Ringtone.com
To signup for our services, you must be 18 years of age or older. If
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$9.99 per month for 60 credits that you can redeem for polytones,
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Gretchen Hinkle
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