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