Jon Leibowitz: New FTC chair

Jon Leibowitz is slated to be appointed the new chair of the FTC as reported by Bloomberg and CNet. This may mean tougher regulations online. In the past Mr. Leibowitz has advocated that online advertisers move to opt-in for website cookies. This may signal his intention to put more control in the hands of the consumer. According to Bloomberg, Mr. Leibowitz has also “advocated more aggressive enforcement by the FTC.” We may see more CAN SPAM prosecutions as a result.

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The unexpected email

In almost every discussion of “how to stop spam” someone will come up with the idea that if a recipient only allowed known people to send them email then the spam problem would be solved. There are lots of problems with this type of solution, but one of the biggest is that it ignores that sometimes the unexpected email is wanted. Typically, these unexpected but wanted emails is from an old friend or contact. But sometimes, the unexpected email can actually look like unsolicited bulk email and yet be wanted.
I actually received one of those emails today. The folks at http://schmap.com found my flickr stream and sent me email asking me for permission to use a couple of my photos in their London city guide. Completely unexpected, but very welcome email.
Sometimes, in the struggle to keep email useful and to keep spam out of the inbox, we forget how useful and wanted that unexpected email can be.

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Brand name spam

I’ve been getting a lot more spam advertising name brand companies. Places like FTD Flowers, Seattle Coffee Direct, Wal-Mart, Jet Blue, Gevalia and VistaPrint seem to all be working with spammers. In some cases, I am getting the same email to different email addresses from different domains and different IP addresses.
I am sure, if asked, all the advertised companies would say they have no knowledge of spamming by their vendors. I’m sure they would say that their vendors tell them I opted in to the email and must have just forgotten. I am sure that this isn’t really spam.
Except it really is spam. Real companies with real brands do use the services of spammers. When caught they loudly protest their innocence and talk about rogue affiliates. In the best cases they will “fire” the affiliate and then look the other way when the affiliate signs back up.
Spam is sending mail to people who never requested it. Hiring someone to do it for you doesn’t mean you aren’t a spammer. With the economy tanking and companies trying to maximize their bottom line, more and more name brands seem to be jumping on the spam bandwagon. It is not an unexpected development, but it will mean more aggressive spam filtering and more difficult email delivery for everyone.

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FTC Opt out clarification

In early July, the Magilla Marketing newsletter has an article about how email preference centers may now be illegal due to the clarifications published by the FTC. Trevor Hughes of the ESPC is quoted extensively, lamenting about how marketers cannot legally interfere in the unsubscribe process.

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