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CAN-SPAM - - - Two cans and string making a can telephone - - - Original photo copyright Dan Fletcher - - - Licensed through iStockphoto.com
Why I Use
CAN-SPAM Notices

I publish an irregular ezine called Snippets.

In that ezine, I have CAN-SPAM Nnotices.

And I publish an irregular bulletin: the HEFS Bulletin.

It also has a CAN-SPAM Notice.

And, from time to time I email groups of colleagues and friends. Some of those emails also have CAN-SPAM notices.

People have asked me why. Why do I have CAN-SPAM notices?

The notices are not required if the email is not "commercial". Surely my little ezines arenot "commercial". Surely my emails to colleagues and friends are not "commercial".

This article explains why I have these notices.


The Stupid CAN-SPAM Law

On 01.Jan.2004, a U. S. law known as known as CAN-SPAM became effective. They law really doesn't do much to stop spam. Actually it makes spam legal as long as you follow the rules.

I think it is such a stupid law I wrote an article titled "CAN-SPAM is Stupid".

The law does require "commercial electronic mail messages" to include three notices:

  1. Clear and conspicuous identification that the message is an advertisement or solicitation;
     
  2. Clear and conspicuous notice of the opportunity to decline to receive further commercial electronic mail messages from the sender; and
     
  3. A valid physical postal address of the sender.

The law does not require these for "transactional" or "relationship" emails.

On 16.Dec.2004 the FTC issued (and on 12.Jan.2005, slightly modified)a Final Rule for CAN-SPAM (16 CFR Part 316, Project No. R411008), specifying what constitutes a "Commercial electronic Mail Message".

Based on the criteria, my ezine mailings are "transactional" or "relationship" emails and are not "commercial".

Based on the criteria, my ezine mailing should not require the notices.

And, based on the criteria, my emails to colleagues and friends should also not require the notices.

 

Why Include the Notices

So, why do I include the notices if my ezines (and other mailings) are not "commercial electronic mail messages"?

There are several reasons:

  1. They give the email recipient additional, useful information.
     
  2. There really isn't any reason not to give them.
     
  3. They eliminate the argument about whether they are required or not.

1. They give the email recipient additional, useful information. They let the recipient know that (a) I am compliant with CAN-SPAM, (b) there is a simple way to unsubscribe from the list or have me stop emailing and (c) there is a way to contact me.

2. There really isn't any reason not to give them. They only take a few lines in the email. It really isn't that big a deal. 

3. They eliminate the argument about whether they are required or not. After all, if I put them there and they aren't needed that is tons better than not putting them when they are needed. Why not just put them there and quit arguing about whether they are required?


CAN-SPAM Information On My Site

CAN-SPAM Is StupidCAN-SPAM Is Stupid: A personal rant about the U. S. federal law known as known as CAN-SPAM. While it is supposedly designed to help eliminate email spam, I think the law is stupid. The article also provides links to CAN-SPAM resources.


CAN-SPAM Information Across the Web

The CAN-SPAM LawThe CAN-SPAM Law 

Busted: Big Time Spammer Shut Down By CAN-SPAMBusted: Big Time Spammer Shut Down By CAN-SPAM: CAN-SPAM has only been used against a very few. Here is one.. 

CAUCE (Coalition Against Unsolicited Commercial Email) Position on CAN-SPAM Act of 2003CAUCE (Coalition Against Unsolicited Commercial Email) Position on CAN-SPAM Act of 2003: An explanation of the organization's opposition to the act. CAUCE notes that the legislation "fails the most fundamental test of any anti-spam law, in that it neglects to actually tell any marketers not to spam."

Don't Let a Spoofer Ruin Your Good NameDon't Let a Spoofer Ruin Your Good Name: An interesting article about how you can register a trademark for your domain name and then use trademark law to sue spammers who spoof your name. It won't let you go after spammers who flood your mailbox, but for commercial interests it is an interesting (but apparently unproven) tactic. 

FTC: Spam Home PageFTC: Spam Home Page 

FTC: The CAN-SPAM Act: Requirements for Commercial EmailersFTC: The CAN-SPAM Act: Requirements for Commercial Emailers: A simple document outlining business requirement under the CAN-SPAM Act. 

FTC Notice of Proposed Rulemaking re CAN-SPAM, 13.Aug.2004FTC Notice of Proposed Rulemaking re CAN-SPAM, 13.Aug.2004: The rulemaking introduces rules to further clarify what constitutes a commercial message. 

FTC Notice of Proposed Rulemaking re CAN-SPAM, 13.Aug.2004 (alternate)FTC Notice of Proposed Rulemaking re CAN-SPAM, 13.Aug.2004 (alternate): An alternate source of the same information. This format may be easier to read and excerpt. 

FTC Final Rule on What Constitutes a "Commercial Electronic Mail Message"FTC Final Rule on What Constitutes a "Commercial electronic Mail Message": The rulemaking begun 13.Aug.2004 was completed 16.Dec.2004. The rules, it turns out, are pretty simple. (The rules were slightly modified on 12.Jan.2005, by delaying the effective date of one provision.)

FTC Press Release on Final Rule on What Constitutes a "Commercial Electronic Mail Message"FTC Press Release on Final Rule on What Constitutes a "Commercial electronic Mail Message" 

Gigalaw CAN-SPAM LibraryGigalaw CAN-SPAM Library: An excellent resource of CAN-SPAM information. 

Is It Time for a Federal Spam LawIs It Time for a Federal Spam Law: This article by Bill McComas and Phil Bogart explains why the law needs to target "bulk" email and not just "unsolicited" email.

Monkeys.com Definition of SpamMonkeys.com Definition of Spam: The definition notes that a "duplication" of messages is a requirement. 

Politicians Get to Spam YouPoliticians Get to Spam You: When the politicians wrote the CAN-SPAM act, they made sure it didn't apply to them. 

Spam is Born in the USASpam is Born in the USA: First, 86% of all spam comes from the USA. Second, spammers have found a gaping hole in the CAN-SPAM law. Yes, they are letting you unsubscribe ... but they are making you do it through the U. S. Mail. 

Spamhaus: United States set to Legalize Spamming on January 1, 2004Spamhaus: United States set to Legalize Spamming on January 1, 2004: The article explains how the CAN-SPAM act ought to be called the You-Can-Spam-Act. 

Spamhaus Position on CAN-SPAM Act of 2003Spamhaus Position on CAN-SPAM Act of 2003: A detailed explanation of the organization's opposition to the act. Spamhaus called it , "a serious failure of the United States government to understand the Spam problem". 

Spamhaus Definition of SpamSpamhaus Definition of Spam: The definition notes that "bulk" is a requirement. 

Wired.com: With This Law, You Can SpamWired.com: With This Law, You Can Spam: The article explains how the CAN-SPAM act really makes spam legal. 

Spamhaus Register of Known Spam Operations (ROKSO)Spamhaus Register of Known Spam Operations (ROKSO): This database lists the top 200 or so known spammers who are estimated to be responsible for 90% of spam. 


List Management Information

Best Practices of Email, Ezine and List ManagementBest Practices of Email, Ezine and List Management: The organization known as MAPS (Mail Abuse Prevention System) once published a list it called "Basic Mailing List Management Principles for Preventing Abuse". I used this list as the starting point to create my own "Best Practices" which I follow in managing my lists.

List Email HeadersList Email Headers: An explanation of the RFC standard headers which should be used on emails for lists and ezines. Also identifies the supplementary user-defined fields I use on my ezines, as well as RFC standard email addresses ezine publishers should implement.


My ezine/Newsletter

All About Snippets, My EzineAll About Snippets, My Free Ezine: This page tells about my free ezine (newsletter), where it came from, how to subscribe . . . the whole banana.

Previous Issues of SnippetsPrevious Issues of Snippets: This page links to the archive of Snippets issues.

History of Changes to SnippetsHistory of Changes to Snippets: Describes the history of Snippets, with emphasis on the technical changes I've made since starting it, including moving to  Gammadyne, adding double-opt-in and complying with CAN-SPAM.

Snippets Privacy PolicySnippets Privacy Policy: The short version of my privacy policy for my Snippets ezine. It explains that I do not spam. Period. And, I do not sell, lend or release your subscription information to anyone for any reason. 

The extra text menu links (previously here) are being removed in the site redesign.
Browser and search engine improvements have eliminated the motivation/necessity for them.

This page created:
01.Jan.2005

Last updated:
16:21, Sat, 10.May.2014

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why i use can-spam notices;qwerty . . . why i use can-spam notices;qwerty