OK...I just printed out the 26-page document known as the CAN-SPAM Act.
This post won't be complete until I have given my readers a non-lawer's most elementary and basic paraphrase of what can and can't be done...and more particularly, what
must be done to assure the greatest probability of compliance for your business.
Once again...the opinions and suggestions expressed here are entirely my own, those of a private U.S. citizen with no particular legal training at all, given with about as much force as a tipsy friend at your favorite pizza joint, and I explicitly disclaim any contention whatsoever that they are being offered as "legal or professional advice" under applicable laws for your jurisdiction or mine. In plain language... Don't bother suing me, because you are acting completely at your own risk. Besides, suing me won't do any good right now...I have no assets! :-)______________________________________________________________Section 1, or, The Word Game: The "Short Title" of this law is..."The CAN-SPAM ACT of 2003"Since lawyers like acronyms to help them remember things, this actually stands for :Controlling (="making it illegal to do this behavior")(the) Assault (= "use of violent or improper force to coerce something")(of)Non- (="un" or "Not")Solicited (="sought out" or "wanted.")Pornography (="sexually explicit pictures that are almost instantly addictive and destroy marriages and careers")AndMarketing (= "the (badgering or annoying) attempt to sell something to someone else.")_______________________________________________________________Section 2, or "What We are Doing and Why." (Congressional Findings/Policy)
Findings Paraphrased
1. What an Amazing New Toy!
2. Half of Everything We Get is Useless!
3. Spam is Costing Lotsa People Lotsa Money!
4. If this keeps up, We May LOSE the Stuff we WANT in all the SPAM!
5. Some (or MOST) Spammers Have Filthy Minds Anyway!
6. Spammers Could Put The Good Guys Out Of Business!
7. Spammers Play "Hide and Seek" with the Cops!
8. Spammers Play DANGEROUS MIND-GAMES in Email Subject Lines!
9. GOTCHA: When Spammers Have Your Address, They NEVER Let it Go!10. PLAGUE: Many Spammers Use Adress "Harvesters", Viruses, and Other MALICIOUS CODE!11. The States Can't Control This Alone, so We Have To!12. We Need BOTH New Tech AND New Diplomatic Links!
SO:
A. UNCLE SAM NEEDS RULES FOR THIS!
B. Misleading People About Either Source or Content of Messages is Illegal!
C. Trapping People's Addresses is Illegal...If Users Don't Want it, They Shouldn't Have to Recieve it!
Section 3: What the Important Words Mean...and Who Is Responsible.
1) AFFIRMATIVE CONSENT: You must be able to prove the consent of the person recieving your message, either because you gave a CLEAR and CONSPICUOUS request for their consent, or because they voluntarily came to you first and gave it. IF you involve ANYONE ELSE (THIRD PARTY PROVIDERS) in providing your service, you must ALSO tell your prospect IN ADVANCE that their name may or will be submitted to that third party.
2) COMERCIAL ELECTRONIC EMAIL MESSAGE: ANY email or website promoting or advertising a product for a commercial purpose. THIS does NOT include a "transactional" or a "relationship" message.
This doesn't necessarily apply if the PRIMARY PURPOSE of the message, as determined by legal process, was NOT the promotion or advertisement of a commercial product.
3) COMMISSION: The FEDERAL TRADE COMMISSION (FTC)
4) DOMAIN NAME: The designated electronic address of any website, anywhere.
5) ELECTRONIC MAIL ADDRESS: Any user email address, on any domain, anywhere.
6) ELECTRONIC MAIL MESSAGE: Any message sent to a unique electronic mail address.
7) FTC act: FEDERAL TRADE COMMISSION ACT (15 U.S.C. 41 et seq.)
8) HEADER INFORMATION: The source, destination, and routing codes, origination information, and anything IDENTIFYING the person initiating the message.
9) INITIATE: To transmit or originate such an electronic message, whether acting by yourself or through another person.
10) INTERNET: Term used as defined by (47 U.S.C 151 NT)
11) INTERNET ACCESS SERVICE: Not relevant (legalese)
12) PROCURE: To pay for, or to pay another person to, send an email message.
13) PROTECTED COMPUTER: term as defined by (section 1030(e)(2)(b) of Title 18, U.S.C.)
14) RECIPIENT: The authorized user(s) of an email address. IF you SPAM multiple addresses belonging to the SAME authorized user, each address affected is a SEPARATE count against you.
15) ROUTINE CONVEYANCE: Transmission, storage, and relay processing by your ISP.
(I.E. What the ISP servers are programmed to do automatically, without human intervention.)
16) SENDER: The human being(s) responsible for starting the message.
17) TRANSACTIONAL/RELATIONSHIP MESSAGE: A transactional or relationship message is any message for which it can be legally proven that a provider/customer relationship already exists, such as:
1. A message that facilitates, completes, or confirms a purchase... (such as clicking one of my provider links and completing a purchase there! :-) )
2.A message that notifies a customer of a change in their (existing) account status.
(Right now, nobody has any "account status" with the main site except for
Director Bryan Mize.)
3. Account statements, periodic newsletters, upgrade information, etc... These should be regularly scheduled and reflect an ongoing relationship between the site owner and the customer.
4. Employment or other benefit opportunities which exist because the recipient is already participating in the owner's plan(s).
5. Delivery of goods or services, (updates/upgrades included) under the terms of a transaction previously agreed to by the customer.
*************************************************************************************
SO...AM I SPAMMING?
NO WAY!
1) I am not asking anybody for any money. I am asking you to participate, FOR FREE, in a FREE PROJECT that can potentially MAKE YOU money. I am using PUBLICLY AVAILABLE, FREE-TO-JOIN SITES, to legally acquire CONTRACTED RIGHTS to advertise for
large company providers and their products, using registered contract links through their
pre-existing affilliate programs, ad boards, and banner exchanges.
2) I am not HIDING from anyone, let alone from any cops or company representatives. I have no deceptive intentions whatsoever, and I make no representations about any person, entity or company which I have not
personally researched. 3) All of my links and banners are under license with their respective public providers...everything else is clearly identified as my own self-produced copy.
4) If you decide to contact me, that sets up a "transactional relationship." If I decide to contact you, I am not SELLING you anything you don't want...and there will probably still be a "transactional relationship" because I will be (most likely) asking whether you and your company would like to appear in my book.
STAY TUNED FOR PART TWO...
WOLFSPYDER