It’s not being made illegal. It’s just being regulated at the federal level. This preempts, in many cases, stricter state laws. So in some states, this is a green light for more spam.
Does this mean that, from now on, those “If you don’t want any more E-mails from us, click HERE” buttons will actually work, rather than simply confirm that yours is an active E-mail address?
Only very recently, since the Bush administration, has this become a general rule. In other words, when the people who long argued the states know more than the Federal government get into power . . .
The original mailer will be legally obligated to remove you from his list, but he may sell your address to anyone he likes, as it has been confirmed as active.
Pay careful attention to what Princhester posted. The spam will continue to come, but more of it will come from outside the U.S. So, the “unsubscribe” links should probably still be avoided, for the same reason one should avoid them now: replying in any way, shape, or form just confirms to the spammer that there’s a live person at that particular email address.
Also note that, under the Federal law, an individual may not pursue legal action against a spammer who he believes has violated the law. Only the government can go after the alleged violator.
[QUOTE]
*Originally posted by SPOOFE *
Does this mean that, from now on, those “If you don’t want any more E-mails from us, click HERE” buttons will actually work, rather than simply confirm that yours is an active E-mail address?/QUOTE] Yes, in the same way that mailing your keys to every potential car-theif will prevent them from busting your window when they steal your car.
This legislation is not known as the “Can Spam” act for nothing.
In reality, it doesn’t do much of anything, except requiring a questionable “opt-out” requirement.
The few key provisions that may have helped, such as requiring a identifier in the subject line (e.g. “ADV: Print cartridges refills…”) were removed, or will be ineffective (such as the requirement that the FTC study a “Do Not Spam” list:
)
Some spammers are even under the impression that this legislation prohibits ISPs from blocking Spam! (It does nothing of the sort, but unfortunately I can’t find the article anymore - anyway this misconception is bound to cause trouble).
About the only really useful item is that spammers cannot (legally) use false header information, although it remains to be seen how effective this will be.
Interesting note: in the TheRegister.co.uk, a British IT on-line newsletter (they also have an American version), the general consensus was that this US law will allow so US spammers much latitude that the UK will be swamped by US spam, rendering the new UK anti-spam laws ineffective…