John
Glube
Is
Paid E-Mail The Next Trend?
by John Glube, © 2004, all rights reserved of Head's Up - A
Copywriter's Journal
As the hoopla about the laws regulating e-mail marketing begins
to settle, we continue to read published reports the new laws
won't make any difference, spam is on the rise and the law is a
joke.
Let's see if we can lift the veil of self-interest and take a
glimpse into the misty future.
There is a growing consensus e-mail delivery is highly suspect.
Why? E-mail filters all along the delivery path.
(For a recent study on this point, read E-Mail--Hideously
Unreliable (http://www.informationweek.com/story/showArticle.jhtml?articleID=17300016).)
What does this mean? Simple. A reduced return on investment. Or
does it?
The problem for Internet access providers is the ever increasing
volume of e-mail.
To deal with this deluge, barriers have been erected. But as
marketers, we want access. The result? Paying fees to transmit
e-mail.
The benefit? Ensured delivery. Why will this come about? The
implementing of the labeling requirement under the legislation.
When will this occur? Within the next 18 months.
The relevant section reads:
"The Commission shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce--
a report, within 18 months after the date of enactment of this
Act, that sets forth a plan for requiring commercial electronic
mail to be identifiable from its subject line, by means of
compliance with Internet Engineering Task Force Standards, the
use of the characters `ADV' in the subject line, or other
comparable identifier, or an explanation of any concerns the
Commission has that cause the Commission to recommend against
the plan."
(See sub-section 11 (2) of the Act (http://www.learnsteps4profit.com/antispamus.html).)
With a standardized requirement for a label, it will be
relatively easy to block commercial email.
But here is the interesting question. Will Congress do anything
with the report? Although Congress gave the Commission the power
to issue regulations to implement the new law, it specifically
prohibited the FTC from establishing:
"a requirement pursuant to section 5(a)(5)(A) to include any
specific words, characters, marks, or labels in a commercial
electronic mail message, or to include the identification
required by section 5(a)(5)(A) in any particular part of such a
mail message (such as the subject line or body)."
(See sub-section 13 (2) of the Act (http://www.learnsteps4profit.com/antispamus.html).)
Why was this done? Ask your Congressperson or Senator. The cynic
might suggest given how Congress works, between votes and money,
money won out.
All joshing aside, this will be the next major focal point.
(True, the regulations have not yet been drafted and there are a
number of potential implementation issues requiring resolution.
But the broad brush strokes have been laid on the canvas and the
overall picture is reasonably clear, though there are some
smudges on the canvas. For an in-depth review of the
legislation, read The Federal Regulators Are Coming To Town (http://www.learnsteps4profit.com/antispamfr.html) and
The Guys And Gals In Blue Have Arrived (http://www.learnsteps4profit.com/antispamga.html).)
In the interim, implementation of privately run trusted sender
programs will continue. This is all very nice. For large
organizations’, paying a $1,000 US bond is a drop in the bucket.
But for the micro-business owner? Who runs an opt-in mailing
list? And has "affirmative consent?"
Many will cry foul. Some will want to use this to squeeze out
the competition and use it as a way to restrict entry. The
underlying policy issue? Will the Internet continue to be the
great "democratizer?"
In the meantime are you ready? What am I driving at? You have a
window of opportunity to bulk up the size of your e-mailing
list, through legitimate co-registration strategies, while the
dust settles. Something to seriously consider if your business
model involves e-mail marketing.
John Glube edits and publishes Head's Up, A Copywriter's
Journal. To receive insightful tips on e-marketing and
regulatory compliance subscribe to the Journal and place your
400 character business ad use this (http://www.goldbar.net/go.php?id=4914&c=820&ac=ipt)
--------------------------------------------------------------
Okay, now for the legal and other "stuff":
1. You have a non-exclusive world wide royalty free license to republish this article in any medium, as long as:
* You do not use it any form of UCE, (which automatically terminates your license);
* You republish the article in its entirety, byline and resource box, amending the links depending on whether you publish in html or text; and,
* You send me a copy of the article as published.
According to Busitoolz.com:
Word count 675 words
Line count 108 lines
Including title, by-line, and resource box.
by John Glube, © 2004, all rights reserved of Head's Up - A
Copywriter's Journal
As the hoopla about the laws regulating e-mail marketing begins
to settle, we continue to read published reports the new laws
won't make any difference, spam is on the rise and the law is a
joke.
Let's see if we can lift the veil of self-interest and take a
glimpse into the misty future.
There is a growing consensus e-mail delivery is highly suspect.
Why? E-mail filters all along the delivery path.
(For a recent study on this point, read E-Mail--Hideously
Unreliable (http://www.informationweek.com/story/showArticle.jhtml?articleID=17300016).)
What does this mean? Simple. A reduced return on investment. Or
does it?
The problem for Internet access providers is the ever increasing
volume of e-mail.
To deal with this deluge, barriers have been erected. But as
marketers, we want access. The result? Paying fees to transmit
e-mail.
The benefit? Ensured delivery. Why will this come about? The
implementing of the labeling requirement under the legislation.
When will this occur? Within the next 18 months.
The relevant section reads:
"The Commission shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce--
a report, within 18 months after the date of enactment of this
Act, that sets forth a plan for requiring commercial electronic
mail to be identifiable from its subject line, by means of
compliance with Internet Engineering Task Force Standards, the
use of the characters `ADV' in the subject line, or other
comparable identifier, or an explanation of any concerns the
Commission has that cause the Commission to recommend against
the plan."
(See sub-section 11 (2) of the Act (http://www.learnsteps4profit.com/antispamus.html).)
With a standardized requirement for a label, it will be
relatively easy to block commercial email.
But here is the interesting question. Will Congress do anything
with the report? Although Congress gave the Commission the power
to issue regulations to implement the new law, it specifically
prohibited the FTC from establishing:
"a requirement pursuant to section 5(a)(5)(A) to include any
specific words, characters, marks, or labels in a commercial
electronic mail message, or to include the identification
required by section 5(a)(5)(A) in any particular part of such a
mail message (such as the subject line or body)."
(See sub-section 13 (2) of the Act (http://www.learnsteps4profit.com/antispamus.html).)
Why was this done? Ask your Congressperson or Senator. The cynic
might suggest given how Congress works, between votes and money,
money won out.
All joshing aside, this will be the next major focal point.
(True, the regulations have not yet been drafted and there are a
number of potential implementation issues requiring resolution.
But the broad brush strokes have been laid on the canvas and the
overall picture is reasonably clear, though there are some
smudges on the canvas. For an in-depth review of the
legislation, read The Federal Regulators Are Coming To Town (http://www.learnsteps4profit.com/antispamfr.html) and
The Guys And Gals In Blue Have Arrived (http://www.learnsteps4profit.com/antispamga.html).)
In the interim, implementation of privately run trusted sender
programs will continue. This is all very nice. For large
organizations’, paying a $1,000 US bond is a drop in the bucket.
But for the micro-business owner? Who runs an opt-in mailing
list? And has "affirmative consent?"
Many will cry foul. Some will want to use this to squeeze out
the competition and use it as a way to restrict entry. The
underlying policy issue? Will the Internet continue to be the
great "democratizer?"
In the meantime are you ready? What am I driving at? You have a
window of opportunity to bulk up the size of your e-mailing
list, through legitimate co-registration strategies, while the
dust settles. Something to seriously consider if your business
model involves e-mail marketing.
John Glube edits and publishes Head's Up, A Copywriter's
Journal. To receive insightful tips on e-marketing and
regulatory compliance subscribe to the Journal and place your
400 character business ad use this (http://www.goldbar.net/go.php?id=4914&c=820&ac=ipt)
--------------------------------------------------------------
Okay, now for the legal and other "stuff":
1. You have a non-exclusive world wide royalty free license to republish this article in any medium, as long as:
* You do not use it any form of UCE, (which automatically terminates your license);
* You republish the article in its entirety, byline and resource box, amending the links depending on whether you publish in html or text; and,
* You send me a copy of the article as published.
According to Busitoolz.com:
Word count 675 words
Line count 108 lines
Including title, by-line, and resource box.