John Glube
Hi all,

Earlier today, the Commission issued the first of what I suspect will be a series of notices calling for public comment on the proposed rules to implement the Can Spam Act of 2003.

This one deals with the labeling requirement for adult content commercial e-mail.

A couple of quick comments. Although I suspect most who read this note do not send out "adult content" e-mail we can learn a few things from the release, including:

* The process required to be followed by the Commission in making rules.

* The nature of the types of comments the Commission is seeking.

* The proposed rule points out the importance of the meaning of "affirmative consent."

(For more information on the meaning of this phrase, you will want to read The Federal Regulators Are Coming To Town (http://www.learnsteps4profit.com/antispamfr.html) and the related article The Guys And Gals In Blue Have Spoken (http://www.learnsteps4profit.com/antispamga.html), which also provides links to resources on the UK anti-spam regulations.)

It is important to understand "affirmative consent" is not the same as "opt-in," or "double opt-in," etc.

* The title of the rule the "Adult Content Spam Rule" is very instructive as to the view the Commission is going to take of commercial e-mail sent without affirmative consent.

* The tie in with filtering technology to allow recipients to block the message is important to note.

To read the press release, you will want to
Use This (http://www.goldbar.net/go.php?id=4914&c=1211&ac=ipt).

Upon visiting this page you will find a link to the PDF containing the actual public register notice.

Trusting these comments are of some value.

Kind regards,

John

P.S. As an aside, on the issue of the EU rules, recently the EU information commissioner gave a speach in Brussels calling for tougher enforcement remedies of the EU's anti-spam rules.

Although many people have complained bitterly the American approach won't work, the reality is no law stops people from doing bad things.

One thing you can say about the American enforcement regime, it is tougher than the EU's, allows for extra-territorial enforcement and stronger inter-agency cooperation on an international basis.

John Glube
Toronto, Canada


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