Klarinet Archive - Posting 000107.txt from 2006/07

From: <Tom.Henson@-----.com>
Subj: RE: [kl] Email from Lisa Argeris
Date: Thu, 20 Jul 2006 14:39:29 -0400

I sincerely suggest that she rethink this method of adding people to her
"news" list.

The latest spam laws in the US may even make this method illegal. If a
user requests to be removed from any kind of e-mail list and that
request is not honored within a certain time frame, they can file
charges and receive an automatic damage award. Kind of like the "do not
call" concept.

I also believe that any e-mail message of a commercial nature must have
a link or specific instructions on how to be removed or unsubscribed to
the list that was used to send it.

Here is the definition of what a commercial message is from the Can-Spam
Act of 2003.

(A) 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).

Here is what is also known as affirmative consent regarding such
commercial e-mail from the same law. If they are being added to the list
automatically without "affirmative consent", then this is most likely
illegal.

(1) AFFIRMATIVE CONSENT- The term `affirmative consent', when used with
respect to a commercial electronic mail message, means that--

(A) the recipient expressly consented to receive the message, either in
response to a clear and conspicuous request for such consent or at the
recipient's own initiative; and

(B) if the message is from a party other than the party to which the
recipient communicated such consent, the recipient was given clear and
conspicuous notice at the time the consent was communicated that the
recipient's electronic mail address could be transferred to such other
party for the purpose of initiating commercial electronic mail messages.

Just my 2 cents.

Tom Henson

-----Original Message-----
From: Mark Charette [mailto:charette@-----.org]=20
Sent: Thursday, July 20, 2006 12:38 PM
To: klarinet@-----.org
Subject: [kl] Email from Lisa Argeris

If you receive email "news" from Lisa Argeris do not, under any
circumstance, reply to it asking Lisa to take you off her list. It'll
only make her mad, since the address on the email automatically adds you
to her email list again - without your knowledge. And Lisa will get
upset because she keeps having to remove you every time you send an
email asking to get off the ^%$&^$&^ list.

Do not share Lisa's email with anyone, because if your friend innocently
sends a question to Lisa then THEY will be on the list.

If you tell Lisa that this is a very strange way of doing business (at
least by legitimate businesses, the onse that don't send out UCE
(spam)), you'll receive a note that might say that it's YOUR
responsibility to block her emails.

-------------------------------------------------------------------
Klarinet is a service of Woodwind.Org, Inc. http://www.woodwind.org