| California's new heavy handed spam law, | | | | to "confirm" the voluntary status of |
| slated to takeeffect on 1 January 2004, not | | | | theiropt-in action. It's likely that this |
| only provides stiff fines PER | | | | process will reducesomewhat the number of new |
| | | | subscribers who make it all theway to your |
| SPAM EMAIL sent. It also opens the doors wide | | | | opt-in list. Still, you'll wind up with |
| for civillitigation against a spammer, and | | | | ahigher quality list, containing subscribers |
| gross amounts of cashrecovery for "damages" | | | | who are seriousabout reading your emails. |
| done to the recipient. In a societythat is | | | | |
| already embroiled in lawsuit frenzy, this | | | | 3. - Email any existing lists you have, |
| lawappears to be a ticket to instant riches | | | | explaining that youare cleaning your lists, |
| for any Californiaresident that owns an email | | | | and asking those subscribers tore-subscribe |
| account. | | | | under your new policy. (Offer them |
| | | | somethinggood in return for their trouble.) |
| The term "spam" of course, refers to unwanted | | | | You may lose somesubscribers, but those are |
| commerciale-mail that clogs millions of | | | | probably the ones who never paidattention to |
| computer mailboxes every day. | | | | your mailings to begin with, and are |
| | | | mostlikely to suddenly contract "amnesia." |
| The Internet culture's current mindset toward | | | | |
| spam is sonear to reaching critical mass, | | | | 4. - Retain electronic confirmations of all |
| it's akin to that of arabid and out of | | | | opt-in actions. |
| control lynch mob in old Tombstone - toput it | | | | |
| succinctly, "shucks, let's hang somebody." | | | | It would be wise to save those records |
| | | | externally to diskon a daily basis. |
| While 30 or so states in the US now have | | | | |
| anti-spam laws onthe books, most of them are | | | | 5. - Provide an automated removal link in all |
| difficult to enforce againstreal spammers | | | | emails sent. |
| (the ones who send multi-millions of emailsat | | | | |
| a whack, hawking this week's special snake | | | | A "reply to this email for removal" or "email |
| oil.) Thosepeople often are located outside | | | | this addressfor removal" statement may not be |
| US borders, and are aboutas easy to track | | | | sufficient in the nearfuture. |
| down as a ghost. | | | | |
| | | | 7. - Sign all messages you send, top and |
| It's my prognostication that few if any real | | | | bottom, with yourfull name and email address. |
| spammers willbe lynched. The people who are | | | | Keeping your name in front ofyour subscribers |
| most likely to be harmed arelegitimate | | | | will greatly improve their ability torecall |
| businesses who participate openly in | | | | their voluntary opt-in action. |
| electronicmarketing, conducting their affairs | | | | |
| above board with realaddresses and real phone | | | | 8. - Be sure your email subject line relates |
| numbers. | | | | directly tothe context of your message body. |
| | | | This is a prominentclause in most current |
| Small emarketers who derive part or all of | | | | spam laws. |
| their incomefrom email marketing, and have | | | | |
| worked to develop their ownopt-in emailing | | | | 9. - Use only a valid and working return |
| list, appear to be the ones who are | | | | address for anyemail sent. The recipient must |
| mostvulnerable to aggressive anti-spam laws. | | | | be able to reach you (or amember of your |
| | | | staff) by clicking the reply button to |
| The fact is this: Sooner or later, some list | | | | anyemail received. |
| member will | | | | |
| | | | While I don't appreciate being spammed, I've |
| "forget" that s/he opted-in, and will | | | | also learnedto quietly use the technology |
| inevitably scream SPAMat the top of their | | | | available to me, ie. emailfilters and delete |
| lungs. With the prospect for | | | | buttons. Still, it won't surprise me inthe |
| majorremuneration under the California law, | | | | least to soon hear of some guy who has filed |
| there undoubtedlywill be those who suddenly | | | | a milliondollar lawsuit because he contracted |
| contract a case of chronic | | | | carpal tunnel syndromein his "delete" finger. |
| | | | |
| "opt-in amnesia." Managing the most valid | | | | Blind and uninformed legislation appears to |
| opt-in emailinglist in the Universe is about | | | | be laying afoundation for just such a |
| to become even more taxing. | | | | frivolous boondoggle, as slicklegislators |
| | | | continue to jump on the bandwagon, |
| What To Do? | | | | "takingaction" on popular social issues as a |
| | | | self-serving exercisein ensuring their own |
| 1. - Develop an iron-clad opt-in agreement | | | | re-elections. |
| that the newsubscriber must read and | | | | |
| electronically agree to (via aradio button, | | | | What I fear most however, is a terminally |
| checkbox, etc.) before s/he is presented | | | | diseased socialconsciousness that refuses to |
| withyour opt-in form. | | | | take individualresponsibility, while |
| | | | expecting big government to be apanacea for |
| 2. - Rigorously use a double opt-in | | | | all ills, no matter how small or |
| subscription process,where the first message | | | | insignificant. |
| the new subscriber receives willrequire them | | | | |