CANSPAM Act of 2003 and How it Will
Affect Our Marketing Campaigns
(4) PROHIBITION OF TRANSMISSION OF COMMERCIAL ELECTRONIC MAIL AFTER
OBJECTION.-
(A) IN GENERAL.-If a recipient makes a request using a mechanism
provided pursuant to paragraph (3) not to receive some or any commercial
electronic mail messages from such sender, then it is unlawful-
(i) for the sender to initiate the transmission to the recipient,
more than 10 business days after the receipt of such request, of
a commercial electronic mail message that falls within the scope
of the request;
(ii) for any person acting on behalf of the sender to initiate
the transmission to the recipient, more than 10 business days after
the receipt of such request, of a commercial electronic mail message
with actual knowledge, or knowledge fairly implied on the basis
of objective circumstances, that such message falls within the scope
of the request;
(iii) for any person acting on behalf of the sender to assist in
initiating the transmission to the recipient, through the provision
or selection of addresses to which the message will be sent, of
a commercial electronic mail message with actual knowledge, or knowledge
fairly implied on the basis of objective circumstances, that such
message would violate clause (i) or (ii); or
(iv) for the sender, or any other person who knows that the recipient
has made such a request, to sell, lease, exchange, or otherwise
transfer or release the electronic mail address of the recipient
(including through any transaction or other transfer involving mailing
lists bearing the electronic mail address of the recipient) for
any purpose other than compliance with this Act or other provision
of law.
When you receive a request, you have 10 days to make sure you do
not send any further email to the address. You may not have another
party send them email on your behalf. You may not sell the address
either once they request that the email address be removed from
your list. You may not transfer the list leaving them on it. You
may not lease the list leaving them on it. You may not transfer
the list in any way leaving them on it after they request to be
removed.
There is what seems to be a loophole here. Note the following words
from the last copied paragraph above: "for any purpose other
than compliance with this Act or other provision of law". Is
this loophole for other government organizations and future plans
on regulation? I think so. This little clause gives other government
offices or appointed government firms the ability to request such
a list to create their own kind of "do not call" email
list.
For instance, let's say the commercial email originator removes
the requested person from their mailing list, and places them into
a "do not mail" list. Effectively, the government, at
a future time, could request such lists from internet marketers
as a means to establish a localized list that each marketer could
use to scrub their own lists with. That's just my slant on the idea,
I could be wrong.
(B) SUBSEQUENT AFFIRMATIVE CONSENT.-A prohibition in subparagraph
(A) does not apply if there is affirmative consent by the recipient
subsequent to the request under subparagraph (A).
For this paragraph, let's say that you received a request to remove
the email from your list. However, before you received the request
to remove them, they received another message from you asking them
about opting into a different list that you have. Let's further
say that this request got to you after the request to remove them
did. You must remove them from the list they requested to be removed
from, BUT you CAN add them into the new list they are requesting
to be opted into. Let's further say that you send this email from
the same server using the same email address. You are still complying
with the law because you DID remove them from the list as they requested.
You just added them to a different list that they requested to be
added to.
Back
to Table of Contents
Still
More Meat - You Full Yet? (Article Continues)
Canspam Compliance Company Interviews
Other Legal Articles:
Related E-Book Downloads
By James R. Sanders
January 06, 2003
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