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Hello,
Welcome to this week's edition of Etips.
After many months of development, I am happy to announce that an automated
version of Ebook Starter is now available. If you like the original
Ebook Starter templates, you'll love the new version. All of the templates
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templates are now available in three different versions -- two of which
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The automated versions make ebook design a breeze, as they require no ebook
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In today's edition of Etips I will
be featuring an excellent article written by Aaron Turpen entitled, New
Legal Guidelines for Newsletter Publishers. This article provides some
important information that all ezine publishers should be aware of.
I would like to take this opportunity to wish you and yours a joyous holiday
season. This will be the last publication of the year. It's been a great
year and I'd like to thank each and every one of you for your support. Etips
wouldn't be published without you! See you on January 6th!
To your success!
Visit the Ebook Starter site
to download a free trial version
 New Legal Guidelines for
Newsletter Publishers
By
Aaron
Turpen
The marketing environment online
has been changing over time to reflect new needs and to remove new problems.
E-mail may no longer be the "killer app" it was, what with the evolving changes
taking place.
With ISPs filtering email at ever-increasing rates as consumers complain
about the volumes of junk e-mail (SPAM or UCE) they're receiving; with spammers
getting more and more aggressive (and ingenious) with their tactics; and
with consumers continually complaining to politicians to "do something about
it;" life for the newsletter publisher is no longer simple.
It used to be that accepting signups and sending your newsletter was the
EASY part putting it together and getting subscribers to find you
was the hard part. Not any more.
Now you have to deal with a myriad of laws laws which may or may not
apply to you, which vary by location, and laws which you may be completely
unaware of.
Many states in the United States have laws which prohibit certain types of
email marketing. These are usually based on how the email address is acquired
and what the contents of the email actually are. California, of the states
in the Union, has the most stringent laws.
In addition to this, many member countries of the European Union have passed
or are in the process of passing similar legislation against unsolicited
commercial email.
"How does this affect me?" The newsletter publisher asks. Well, the way these
laws are written, you could be in violation even if your entire list of
subscribers are opt-ins. How?
Since California's law is the most stringent and since estimates say that
20% of Internet traffic around the world originates, passes through, or is
served from that state, we'll look at the law there. Most laws in other places
are not as strict, but many countries in the EU are working on laws that
will be similar. Plus California is commonly known as a "test zone" for laws
in the United States.
The law defines an "unsolicited
commercial email advertisement" as being any email sent without the "direct
consent" of or without a "preexisting or current business relationship" with
the receiver. Interestingly, the receiver doesn't have to be a California
resident because the law states that if the email originates or has been
sent "within, from and to" the state of California, it is covered. So if
your server is located in California and you send email through it that someone
doesn't like, you could be subject to the law even if you're a resident
of New York and the receiver is in Washington!
The other crux of this law is the definition of "direct consent." It is defined
as "…the recipient has expressly consented to receive e-mail advertisements
from the advertiser, either in response to a clear and conspicuous request
for the consent or at the recipient's own initiative."
The penalties for violating this law are immense: $1,000 for each offending
e-mail and up to $1,000,000 per incident, plus actual damages and attorney's
fees.
The up-side to all of this is that the law, as written, is full of holes.
There are a myriad of ways to get around trouble with it, but there is definitely
an increased risk to email marketers. After all, a new law means that it's
easier for those with complaints to force legal action, which means your
chance of ending up in court is higher than it was before.
My personal opinion is that as soon as this law is used (it goes into effect
on January 1, 2004 in California), it will be challenged Constitutionally
and probably fail to hold up because of the ambiguous wording of much of
the legislation.
It is still a good idea, however, for the e-zine publisher to make sure their
email collection techniques are on the up-and-up: double- opt-in if possible,
collect names as well as emails, provide VERY easy unsubscribe options (links
in every email are the best), and don't abuse your list.
Most of us are following good guidelines and have nothing much to worry about.
Just make sure you aren't setting yourself up for anything.
About the Author:
| Aaron Turpen
is the proprietor of Aaronz WebWorkz, a full-service online company catering
to small and home-based businesses. Aaronz WebWorkz offers a wide variety
of services including Web development, newsletter publishing, consultation,
and more.
http://www.AaronzWebWorkz.com |
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When designing your web site,
your copyright information should be displayed at the bottom of each page.
It's best to include both the word Copyright and the © symbol, as some
countries don't recognize one or the other. Your copyright might look like
this: Copyright © Year Company Name
Today's tip is an excerpt from the highly acclaimed
Web Design Mastery series.
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