CAN-SPAM Myth #3: Password Protecting the Unsub Page is OK

Three CAN-SPAM Myths: CAN-SPAM is the US Federal Anti-spam law. If you're sending commercial email in the US, or you're a savvy spam filterer, you probably already know a bit about the law. But, did you know these specific points? Here are three common myths that I have run into, where people misunderstand what CAN-SPAM does or doesn't do.

CAN-SPAM Myth #2: This Law Makes it OK to Spam

Three CAN-SPAM Myths: CAN-SPAM is the US Federal Anti-spam law. If you're sending commercial email in the US, or you're a savvy spam filterer, you probably already know a bit about the law. But, did you know these specific points? Here are three common myths that I have run into, where people misunderstand what CAN-SPAM does or doesn't do.

Keep in mind I'm not a lawyer, and this is not legal advice.

Today in my second of three posts in the series, I'll address CAN-SPAM Myth #2: That the law makes it OK to send spam.

CAN-SPAM has been derided by various anti-spam groups as a license to spam. Their complaints are legitimate, but that's not the entire story. It's true that CAN-SPAM doesn't prohibit spam, and I personally find that to be a huge disappointment. But CAN-SPAM does include requirements that can be a helpful tool to encourage best practice permission compliance.

CAN-SPAM Myth #1: Applies Only to Spam

Three CAN-SPAM Myths: CAN-SPAM is the US Federal Anti-spam law. If you're sending commercial email in the US, or you're a savvy spam filterer, you probably already know a bit about the law. But, did you know these specific points? Here are three common myths that I have run into, where people misunderstand what CAN-SPAM does or doesn't do.

Keep in mind I'm not a lawyer, and this is not legal advice.

Today in my first of three posts in the series, I'll address CAN-SPAM Myth #1: That the law applies only to spam.

The truth of the matter is CAN-SPAM's requirements apply to any commercial or transactional messaging you send. Today, I'm going to focus specifically on commercial messaging. What is a commercial message? The law itself explains. "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)."

Example Double Opt-In Process

If you're wondering why my blogging schedule has been light lately, it's because I've been working on a project; building a mailing list manager to handle discussion lists and broadcast lists from my own server.

As a part of that project, I'd like to share with you my test double opt-in script. Feel free to poke at it, test it, share it with folks whom you'd like to nudge to make the change to confirmed on in.

It's a test list that you can't actually receive mail from, so it's safe to sign up, to see how double opt-in works.

I'd love your feedback, feel free to email me or leave a comment letting me know your questions or concerns.

Recent Spam Litigation Activity in California Courts

Click here to read a nice little overview from Venkat Balasubramani, published on his Spam Notes blog.

Alleged Spammers Using Google Apps: Bad Idea

If you are alleged to have sent spam, alleged to have created thousands of webmail accounts in order to shovel spam selling Acai berry-related products, maybe storing details of your alleged crimes "in the cloud" isn't such a great idea.

Why does the name Pulse Marketing ring a bell? I can't recall for sure. But, I've certainly dealt with marketers that I consider to be similar in that they often have somewhat generic company names, unfinished or very information-free websites, never listing principals behind the company, use UPS Stores or other "dropbox" mailing addresses, etc. Probably all legal practices, but red flags when trying to assess likelihood of best practice compliance by way of looking at the transparency of their business practices and contact information.

(H/T: @PrivacyLaw)