New Spam Laws - Bob Silber's Article!

**** BizWare Magic's BWMagic's Opt-in Newsletter

Jan. 11, 2004 - New Spam Laws - Bob Silber's Article!

NEW SPAM LAWS - Bob Silber's Article!

-------~~~~~====={Opt-in News}=====~~~~~------ F'ree for All BWMagic Subscribers - Opt-in Tool Kit EXPLODE YOUR SALES by Building your Own Opt-in List. Click Here for 'Rebrandable' F'ree Download: Free Download -----------~~~~~~~~~~~~~~~~~~~~~~~~----------- BWMagic's Opt-in News To Your List Building Success! Jan. 11, 2004 www.bizwaremagic.com Warm welcome to all new subscribers! NEW SPAM LAWS All this week I have been taking a closer look at the New Can-Spam Laws that now govern 'email marketing' in the United States. First off, I am not a lawyer so if you're really concerned about these new Laws consult a lawyer! Only time will tell how these laws will affect online marketing. But it could mean big changes for those operating an online business in the States. I was rather curious to see how some well known ezine or list publishers would change their mailings. The only major change (that I could see / not a lawyer...) was the placing of an actual Postal Address in the mailings. Most are reponsible operators and are no doubt doing all of the following: *mailing only to those who have 'opted-in' to their list *providing an opt-out or unsubscribe link in every email *keeping a record of all sign-ups IP time stamps & addresses

Here are some of my observations of what's happening with some well known ezines: Paul Myers - Talkbiz News - still mails his ezine but he has also moved to online information with a blog. A lot of international publishers, Neil Shearing and Sean Burns shows no changes in their mailings but then again these Laws apply to those living/operating in the States. The one person who I was really interested in seeing how he would handle these laws - was Bob Silber! He is a lawyer and also publishes an ezine. He phased out his old ezine 'Web Head Marketing News' and replaced it with the 'Bob Silber Letter'. If you want to check out his 'subscribe process' you can click this link:http://www.bobsilberletter.com/ He uses a 'double opt-in' just to be on the safe side. This is the statement besides his subscribe box: "By signing up for this publication I give express direct consent to you and to any third party advertisers who may run advertising in your publication to receive in-house and third-party advertising in your publication. I understand no one would get my email address from you and any such mailings would only originate from you." Basically, the same as most people use - your email is safe and won't be given to any third parties. However, you do give permission to receive ads from third-parties in the publication.(your ezine) Again, I must state I am not a lawyer so use your own judgement. I have included Bob Silber's Excellent Article on this subject below - just keep reading - if you're interested. FEATURE ARTICLE Warning! Don't Send Another Email Or Ezine Without Complying With The New CAN-SPAM Act copyright 2003 Bob Silber and BobSilberLetter.com All Rights Reserved The CAN-SPAM Act may have the biggest impact on Internet marketers in the U.S. since the commercial Internet evolved. It affects and has consequences for every Internet marketer, their ezines, newsletters, and emails. Don't forget autoresponder messages and other advertisements sent over the Internet by email. CAN-SPAM is the short title and acronym for the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003," was passed by Congress, signed by the President and takes effect January 1, 2004. The Act will be enforced by various U.S. government agencies including the Federal Trade Commission with all their super powers and also allows for individual State enforcement. The FTC has a good track record, as well as committed, ongoing enforcement efforts in policing Internet Web sites for marketing violations, including legitimate businesses. It will be interesting to see whom they pick out as the first casualties of not complying with the new Act. This article will focus on some of the immediate concerns of legitimate permission marketers for products or services, under the Act, excluding sexually orientated mailings. In other words, those conducting legitimate business transactions initiated by the consumer or those requesting emails to be sent. Spammers, email harvesters, mailings spoofing headers, deceptive, false or misleading mailings, and other unethical, and now illegal practices, will not be addressed here. In order to avoid penalties under the Act the following provisions must be adhered to: Every email must now contain a "clear and conspicuous" means for the recipient to opt out and stop further mailings. A valid physical postal address is also required to be included in every email. There is also a requirement that the mailing be identified by a "clear and conspicuous" notice that the message is an advertisement or solicitation. However, the latter requirement is not triggered where the recipient has given prior affirmative consent to receive the message. The burden falls upon the marketer to prove the prior affirmative consent requirements running throughout the Act. When the FTC comes knocking, or you enter the courtroom with your lawyer, you need verifiable proof to serve as evidence. Single optin will not save you from the civil and criminal penalties, imposed under the Act, in circumstances such as where someone other than the requestor enters an email request into your system. Generally, marketers use two types of systems for obtaining optin email addresses, the single optin and double optin. Single optin is where an email address is not confirmed, as actually being the subscriber requesting a mailing, prior to any mailings being sent. Double optin is a system where prior to any mailings, the email address is confirmed, by the requestor responding to a confirmation request, prior to any mailings being sent. Marketers, in order to protect themselves, are well advised to implement a double optin confirmation procedure, using the various commercial software systems such as is available at http://www.DoubleOptinSoftware.com to capture all the possible evidence available, for every mailing request. The Act itself speaks to mitigation of damages, where a defendant has commercially reasonable practices and procedures in place, that are designed to effectively, prevent violations. Most all Internet marketers have heard the numerous horror stories of subscribers to a newsletter signing up, and then forgetting or denying their request, and crying spam. Or even the cases of someone, such as an unscrupulous business competitor, subscribing other people, without their consent, to receive mailings, in an effort to shut your business down. Under the severe penalties of the Act, the process of single optin mailings, is now a dangerous way to do business. Allowing anyone to sign up and request your mailings, through a form on your Web site, where anyone can enter someone's email address, can now cause you serious problems. The Act has a broad sweep and now triggers many other areas of concern for legitimate and ethical Internet marketers. For example, affiliate programs and joint ventures can bring liability, for the actions of other persons. In conclusion, it is the Internet business owner's responsibility to follow the mandates of the Act, to protect yourself from liability. ----------- Bob Silber is publisher of the "Bob Silber Letter" at http://www.BobSilberLetter.com containing Interviews & Tele- Seminars From The Most Successful Marketers On The Net, To The Latest Cutting Edge Marketing Techniques, To The Ever Changing Internet Marketing Laws That You Need To Know ... Feel free to publish this article provided it is published in its entirety, without any changes, and contains this resource box. ------------ If you want to check out these New Spam Laws further - here are some more resources: CAN SPAM Act of 2003 (Actual Text) Paul Myers has an excellent Blog on this subject- click here! To your list building success! Kind Regards, Titus Titus Hoskins www.bizwaremagic.com 4 Tower Road, St. Alban's Nl, A0H 2E0 "If you can't get rid of the skeleton in your closet, you'd best teach it to dance." - George Bernard Shaw (1856-1950) -------~~~~~====={Opt-in News}=====~~~~~------ F'ree for All BWMagic Subscribers - Opt-in Tool Kit EXPLODE YOUR SALES by Building your Own Opt-in List. Click Here for 'Rebrandable' Free Download: Free Download -----------~~~~~~~~~~~~~~~~~~~~~~~~-----------

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READ some Past Editions of this Newsletter: BWMagicNews20 How to Use Build Your Own Knowledge Databank. BWMagicNews19 How to Use Viral PDF Files to Build Your List. BWMagicNews18 How to Fix Common PC Problems! BWMagicNews17 Get 100,000 Subscribers In 30 Days...by Willie Crawford BWMagicNews16 How to Get Your Ezine Noticed...EzineAnnouncer BWMagicNews15 Using Affiliate Programs to Build your List! Affiliate Page Creator BWMagicNews14 Use ClickBank to Build your List! CB Extract BWMagicNews13 How to Build a Web Business Site! Site Build It BWMagicNews12 How to Get Google to Build Your List! Sean Burns BWMagicNews11 Google Cash File! - Profiting from Google BWMagicNews10 SearchFeast, Affiliates Alert BWMagicNews9 New Can-Spam Laws + Bob Silber's Article! BWMagicNews8 New Spam Laws + New Year's Resolution BWMagicNews7 Season's Greetings BWMagicNews6 Activ E-Book Compiler, Website Wizard,Corey Rudl's VERSION 2004. BWMagicNews5 Making your List Building Viral.THE CLICKBANK GURU BWMagicNews4 Lead Capture Pages and Pop-ups. BWMagicNews3 Paul Myers Viral Study, 7 Deadly Sins of Internet Marketing BWMagicNews2 ShortKeys and Other Treats... BWMagicNews1 Masterytv, Alexa Toolbar MORE Newsletters Here...

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