CASL and existing opt-in addresses

The Canadian Anti-Spam law takes effect this summer. EmailKarma has a guest post by Shaun Brown that talks about how to handle current opt-in subscribers under the law.

Express consents, obtained before CASL comes into force, to collect or to use electronic addresses to send commercial electronic messages will be recognized as being compliant with CASL. What does “grandfathering” mean under CASL

The question a lot of people seem to have is what does express consent really mean? Shaun answers that question, so go read what he has to say.

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The perils of politics

I’ve talked a little bit about political and activist mail in the past. In general, I believe political mailers tend to be aggressive in their address collection techniques and sloppy in acquiring permission.
For the most part, politicians can get away with aggressive email marketing in a way that commercial emailers can’t always. The laws for commercial email don’t really apply to political emails. Politicians and activists don’t have to comply with CAN SPAM. They don’t even have to stop mailing if you opt-out. They don’t have to identify themselves the way commercial emailers do. They trade, sell, barter and borrow voter data, including email addresses.
This doesn’t mean the politicians don’t get blocked. They most certainly do suffer delivery consequences to their behaviour.
Well, today I saw another article talking about the pitfalls of political mailings. According to US News, a number of people who are unlikely to be Republican supporters were reporting that they were spammed by the Romney campaign.
The Romney campaign says it wasn’t them, and that they are only sending mail to people who signed up to receive it. This is possible, the article at US News says that the signups came from an IP address that is part of the Tor network. What is Tor? Tor is a way to hide your location on the internet. Ever watch a crime show and see the master geek track a bad guy all over the world by IP address? That’s basically what Tor does.
It’s very possible someone did find a list of email addresses of people guaranteed to be angry about getting mail from the Romney campaign. It’s very possible they used Tor nodes to submit those addresses the campaign lists. It’s been known to happen, and it’s not like this election is getting any less contentious as we get closer to November.
Forged subscriptions are a problem for every activist and political mailing list. But most of them don’t take any steps to protect themselves from maliciousness. Welcome emails, confirmation emails, audit trails, monitoring can help minimize the chance of subscribing a lot of people who don’t want that mail. Most political and activist groups won’t take that step, though. They’d rather increase lists by any means necessary without adding any controls on making sure those addresses are valid.
The irony is that the first thing activists blame when they do have email delivery problems is their political opponents forging addresses into their list. But they still push back against actually implementing controls and protections against the practice.
As with many things, politicians want to have their cake and eat it too. They want the extra volume that comes from indiscriminate signups, but don’t think that should cause them any problems. It doesn’t work that way in the real world, though.

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Canadian anti-spam regulations

Canada passed an anti-spam law in 2010. Implementation of this law (CASL) were initially scheduled to go into effect in 2011. That deadline has passed and it’s not looking good for a 2012 date, either.
Canada’s Radio-television and Telecommunications Commission is the agency responsible for enforcement and rulemaking. This week they published 2 bulletins to help guide companies on how to comply with the law.
Guidelines on the use of toggling as a means of obtaining express consent under Canada’s anti-spam legislation
Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC)
The bulletins themselves offer examples of acceptable and unacceptable ways to acquire consent and process unsubscribes. I encourage everyone that sends mail into Canada to go review them. I’ll be writing about the regulations after I’ve taken some time to digest the recommendations.

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