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Marketing

CAN-SPAM still as clear as mud

Monday, May 19, 2008 | Permalink |

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DeliveryMonitor sent out an update a few days ago, saying “Recently, the FTC decided that after some 4+ years in use, the law needed some clarification.”

Well, that it certainly did. I still say it needs modification to CAN-NOT-SPAM, but I guess we’ll have to be content with taking one step at a time.

One item however, makes things even more confusing for non-US marketers.

“a ’sender’ of commercial e-mail can include an accurately-registered post office box or private mailbox established under United States Postal Service regulations to satisfy the Act’s requirement that a commercial e-mail display a ‘valid physical postal address”

DeliveryMonitor (rightly, with their US based heads on) are happy that this clarifies the position on physical street addresses versus P.O. Boxes - the latter, obviously, being a safer option for individuals who work from their homes.

But does “established under United States Postal Service regulations” mean they expect those of us who live in “other countries” to get mailboxes in the US (which I’ve no idea if an alien is allowed to do), or does this confirm that CAN-SPAM does not apply to foreigners? If so, how do we “opt out” when US based email service providers require us to abide by this law (in addition to our own)?

Or is this simply further confirmation that the US forgets that the rest of us exist (until they want to invade us) and has no idea this is the World Wide Web?

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