Blog entries tagged in legislation
Posted by Elie Ashery
Elie Ashery
Elie is a true entrepreneur who has dedicated his career to the Internet and new
User is currently offline
on May 10, 2011
in Compliance
If you're using markting automation that combines web analytics with email marketing get ready to change your game plan. Jay Rockefeller (D-W.Va.), head of the Senate Commerce Committee, introduced a new privacy bill Monday that instructs the Federal Trade Commission to craft rules establishing standards for a universal do-not-track mechanism. If passed, this new legislation could cause logistical headaches for marketers, especially B2B ones, who use web analytics to track and "score" leads (subscriber activity). If you're thinking about PAYING EXTRA for these types of marketing automation systems, my advice is to hold off a bit to see where this proposed legislation ends up. ...
Posted by Elie Ashery
Elie Ashery
Elie is a true entrepreneur who has dedicated his career to the Internet and new
User is currently offline
on February 04, 2008
in Compliance
According to the Direct Marketing Association (DMA), 15 to 25 new “Do Not Mail” bills will be introduced on the state level that will attempt to replicate the Federal Do Not Call legislation. Although the federal government does have a legitimate business interest (US Postal Service) in not proposing federal legislation, Congress might be forced into taking action if a patchwork of state laws pass.
What does this mean for email marketers?
Legislation in one marketing medium usually finds its way to other ones as technology makes compliance easier and enforcement is less of an issue. It is doubtful that 2008 will see any significant legislation specifically related to email marketing. The “Do Not Mail” bills, however, could be a pre-curser to amending CAN SPAM from opt-out to opt-in. This means that all recipients will need to officially opt-in to receiving your email. Right now, the law requires marketers to have...
Posted by Elie Ashery
Elie Ashery
Elie is a true entrepreneur who has dedicated his career to the Internet and new
User is currently offline
on January 01, 2008
in Trends & Takeaways
1. The Death of the ISP White List
For those lucky email marketers who previously relied on ISP white lists for superior deliverability will get a shocking wake up call this year. As ISPs rely more on reputation-based systems for discerning good senders from bad ones white lists are rapidly becoming obsolete as the mistake of false positives are less of an issue. This new technology and methodology of reputation-based systems levels the deliverability playing field for all email marketers eliminating the backdoor approach to deliverability. This also means that email marketers must continue to rely on best practices and monitor their reputation as a slip up can cost them dearly.
2. Email Rendering on Mobile Devices
As the mobile phone continues to become the main communications device, email rendering on mobile devices will become a serious issue in 2008. Since many mobile devices only display text emails, email marketers will...
Posted by Elie Ashery
Elie Ashery
Elie is a true entrepreneur who has dedicated his career to the Internet and new
User is currently offline
on November 07, 2006
in Compliance
The Federal Trade Commission in a 5 to 0 vote decided to smack Yes Mail with a $50K fine for violating the CAN SPAM Act all due to a technical oversight. I really feel bad for Yes Mail because no software company is without technical glitches. Unfortunately, in this industry, technical mishaps comes with confrontation from the federal government. The next step for the FTC is to chase after clients of email service providers. Just make sure your email service provider dots their i's and crosses their t's because you'll be the next one to enter the ring.
Read more here:
http://www.dmnews.com/cms/dm-news/legal-privacy/38892.html...
Posted by Elie Ashery
Elie Ashery
Elie is a true entrepreneur who has dedicated his career to the Internet and new
User is currently offline
on January 09, 2006
in Industry Commentary
Buried amongst stories on the Alito hearings today the Supreme Court refused to hear an appeal from White Buffalo Ventures regarding its suit against the University of Texas. The Court upheld the 5th U.S. Circuit Court of Appeals decision allowing the University of Texas to adhere to its network and email policy by blocking unsolicited email, including those sent by White Buffalo Ventures to University students and staff. Even though White Buffalo Ventures' email solicitations conformed to the CAN SPAM Act and obtained the targeted email addresses legally, the courts decided that UT had every right under the First Amendment to block such solicitations from entering their network.
What does this mean for email marketers? Absolutely nothing! We all know that ISPs and network administrators are the world's email gatekeepers and the best way to improve deliverability is not to sue them. I guess White Buffalo Ventures got duped by some...
