CANSPAM Act of 2003 and How it Will
Affect Our Marketing Campaigns
Classifying Commercial Email, Transactional Relationship Messages,
& Email Originator Identification - Definitions and Conventions
of the CANSPAM Act of 2003
Classifying Commercial Email - Defining Commercial Email as Identified
by the CANSPAM Act of 2003
You may ask what they classify as commercial email. That is a slightly
broad term, but they do list out what is now classified as commercial
email. Again, the following is copied and pasted directly from the
act.
- (1) IN GENERAL.-The term "commercial electronic mail
message" means any electronic mail message the primary
purpose of which is the commercial advertisement or promotion
of a commercial product or service (including content on an
Internet website operated for a commercial purpose).
- (2) TRANSACTIONAL OR RELATIONSHIP MESSAGES.-The term "commercial
electronic mail message" does not include a transactional
or relationship message.
- (3) REFERENCE TO COMPANY OR WEBSITE.-The inclusion of a reference
to a commercial entity or a link to the website of a commercial
entity in an electronic mail message does not, by itself, cause
such message to be treated as a commercial electronic mail message
for purposes of this Act if the contents or circumstances of
the message indicate a primary purpose other than commercial
advertisement or promotion of a commercial product or service.
One thing you need to pay particular attention to here is the first
bullet above, "including content on an Internet website operated
for a commercial purpose". Be careful here. That quote opens
up a whole new complex issue. It would now seem that websites falling
under this definition must also follow the rules in their content.
I wouldn't suggest placing any misleading content on a website anymore
either. If you do, you are opening yourself up to possible repercussions
of the act.
Have you opened a misleading email and clicked on a link in it?
I know I have. Or maybe you use Outlook Express as an email client,
and when you preview a message, it pops open a browser window leading
you to their site. When you get to the site, what do you find? More
misleading text and links right? These are the kind of sites they
seem to be targeting in broadening the act to include web pages.
What their actual criteria is on this still remains to be seen.
It just means that we are going to have to be more careful when
we choose the text for marketing our ideas.
Make sure that your text statements are credible, and you can back
them up. If you are going to make the statement "Our site is
the most highly visited webmaster resource sight on the net",
then you need to have some type of reports available to you from
someone like Alexa, or another company like them that tracks such
facts. Alternatively, you should have information you can provide
that substantiates your claim. Include a comment about the reference
you used to make the statement as an easy way to avoid possible
complaints. You should also include a date, in the text, to reference
when the statement was made. That ensures your statement was at
least credible at the time it was written and posted.
Transactional Relationship Messages - Commercial Email Outside
the Rules of the CANSPAM Act of 2003
Transactional or relationship messages do not apply to the act.
These are messages that verify customer orders and their information,
verify specifics on services requested, conveyance of contracts
between you and the receiver, and related subjects. The act is very
specific in it's identification of these messages, and what they
are or what they convey to the recipient. The following is copied
and pasted directly from the act. In general, the term "transactional
or relationship message" means an electronic mail message primary
purpose of which is:
- To facilitate, complete, or confirm a commercial transaction
that the recipient has previously agreed to enter into with
the sender;
- To provide warranty information, product recall information,
or safety or security information with respect to a commercial
product or service used or purchased by the recipient;
- To provide-
- notification concerning a change in the terms or features
of;
- notification of a change in the recipient's standing or status
with respect to;
- or at regular periodic intervals, account balance information
or other type of account statement with respect to, a subscription,
membership, account, loan, or comparable ongoing commercial
relationship involving the ongoing purchase or use by the recipient
of products or services offered by the sender;
- to provide information directly related to an employment relationship
or related benefit plan in which the recipient is currently
involved, participating, or enrolled; or
- to deliver goods or services, including product updates or
upgrades, that the recipient is entitled to receive under the
terms of a transaction that the recipient has previously agreed
to enter into with the sender.
If your email has to do with any of the above things, it is assumed
that you already have a relationship established with the recipient.
After all, why would we send an email like this with information
not pertaining to the intended recipient? The act states nothing
about the use of advertisements within such email. As long as such
information is being sent, it would seem that you are free to promote
whatever else you wish within the email, as long as it is not deemed
offensive, vulgar, or pornographic to the receiver. It is important
to note that this section along with most other sections provides
for the ability for Congress to update the act as necessary to grow
with the internet and technology.
Back
to Table of Contents
Identifying
the Originator of Email (Article Continues)
Canspam Compliance Company Interviews
Other Legal Articles:
Related E-Book Downloads
By James R. Sanders
January 06, 2003
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About the Author
James R. Sanders is the owner of Sanders
Consultation Group Plus. He has been a webmaster and website designer since
1997. He has also been involved in self employment ventures since 1992. He is
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and has been published through WebProNews
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