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Canada passes anti-spam bill

Call it C-28, call it FISA, call it COPL, just don’t call it a pipe dream any longer.
Today the Canadian anti spam law received royal assent and is now law. ReturnPath is saying it will take effect September 2011, but that’s the only date I’ve seen published. The full text of the bill as passed by the House of Commons can be found at http://www2.parl.gc.ca/content/hoc/Bills/403/Government/C-28/C-28_3/C-28_3.PDF
It’s fairly dense and I’m still reading through the final version. Of critical importance for anyone marketing in Canada is that it sets requirements that commercial email be sent with the permission of the recipient. This is different from CAN SPAM here in the US which doesn’t require consent of the recipient, but allows anyone to send unsolicited email as long as it meets the standards set by the law.
CBC Story

Return Path blog post
CAUCE posts
Thin Data implementation guide

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Just Leave Me Alone Already

I tend to avoid online sites that require you to register and provide information including email addresses. In my experiences companies cannot resist sending email and my email load is extremely heavy and I want less email, not more. Sometimes, though, what I need to do requires an online registration and giving an email address to a company I would really prefer not to have it.
Recently, I had to register online with AT&T Wireless. My iPhone was getting repeated text spams and I wanted it to stop. The only way to do this is register online. Registering online required giving them an email address.
The text spam has stopped, but they have been sending me almost daily emails since then. Each email has an opt-out, and I have availed myself of every opportunity to opt-out. Each opt-out link takes me to a different site, a different page, a different process.
In two of the cases, AT&T seems to be violating the new CAN SPAM provisions. For one, I had to tell them what I wanted to opt-out of (email or phone) and then was taken to a page where I had to input my cell number, my email address and request to be removed. In another case,  I was forced to login to my online wireless account and then was able to change preferences. In only one of the 3 opt-outs I have requested, was the opt-out form actually a single click, just requiring my email address.
I am wondering just how many mailing lists AT&T added my address to and how often they will continue sending me mail after their 10 days are up. It is this level of frustration, that mail just keeps coming and coming and coming even after the recipient has repeatedly attempted to opt-out, that causes people to hit the “this is spam” button on mail that the sender thinks is opt-in.
But, really, AT&T, please stop sending me mail that I never asked for, and that I have repeatedly asked you to stop sending me by jumping through your hoops. Oh, and you may consider sharing the opt-out data with all the same internal groups that you shared my email address with initially.

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Confirmed unsubscribe

Whatever one might think about confirming opt-ins I think we can all agree that requiring someone to jump through hoops and confirm an unsubscription request will just annoy that person.
Today I attempt to opt-out from a discussion list. It’s one I *thought* I had opted out of previously, but I could find no record of the request anywhere. OK. So I imagined unsubscribing, I’ll just unsub again and keep better records.
After digging through the headers, I find the unsub link and dutifully mail off my unsubscribe request. I then receive an email that requires I click on a link to confirm my unsub request. This causes me to grumble a bit. I have heard all the arguments about forged unsub requests and the various reasons this is good practice. I believe none of them. Requiring people to confirm an unsubscription request is bad practice.
In this case, the mailing list is a discussion list so there is no CAN SPAM violation. However, I know that some commercial mailing lists have also implemented confirm your opt-out request. For commercial mailing lists, this is a CAN SPAM violation. It’s also just plain rude. If someone says, “Stop!” then you should stop, no questions asked

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