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Law

This category contains 86 posts

Answering @drdigipol

Image via Wikipedia Al Iverson, my good friend, asked me to have a look at a question asked on Twitter by @drdigipol about DNSBLs and advocacy groups.  Here’s the question (in case you don’t feel like following the link): Question re SPAM Blacklist Services: What r policies re advocacy orgs that send email not covered [...]

Email is about relationships

Did you know that it’s entirely possible to learn the wrong lessons? Well, it is. I use Zemanta to suggest possible links for blog posts. As I was writing yesterday’s blog post, a suggested link came up dealing with CAN-SPAM and the definition of “spam”. That link shows how some people just don’t get it [...]

Pre-Existing Business Relationships Don’t Matter

Image by Getty Images via Daylife I was reading the Terms of Service for an ESP today. Under the section entitled “Affirmative Consent” we read: Clients may only use [the ESP] to send email to individuals who have either provided affirmative consent through an “opt-in” process that they want to receive the type of email [...]

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When is a press release an advertisement?

Image via Wikipedia One of the first things I learned when I became a legal assistant is that there are rarely any pat answers. A blanket assertion is almost always wrong. (Did you see the attorney-like weasel wording there?) There has been an interesting discussion on Twitter today regarding a February Techcrunch post (and wow [...]

Back to WHOIS Privacy Services

Image by Getty Images via Daylife There seems to have been a bit of confusion over a previous post I’ve made over the use of WHOIS privacy services, like Domains By Proxy. It has gotten back to me that some people are pointing to that post as saying that ANY use of a WHOIS privacy [...]

The Legal Status of Feedback Loops

An interesting question comes in today: “Is it required by law to unsubscribe feedback loop complaints received by senders?” And I call it interesting because it’s a question dealing with legal status, and not best practices. So, today’s post gets a caveat: I am not an attorney licensed to practice in any jurisdiction and so [...]

Handling Unsubscribe Requests

Image via Wikipedia When someone wants off of your list what do you do? Obviously, the answer to that question is “remove them.” Just as important of a consideration is “How do you go about doing that?” Commercial email is an animal all to itself. If you have a falling out with your best friend, [...]

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How is this a win for Comcast?

Image via Wikipedia Well, I have gotten in a question about last night’s post on the e360 v Comcast settlement. The question comes anonymously, and asks me to explain remarks found in this post on usenet. That post quotes the final paragraph and says: I don’t understand that point of view. As far as I [...]

Settlement in Comcast v. e360Insight

Image via Wikipedia I’ve got a lot of catching up to do on Spamsuite.com, but there is a new document up there tonight. It appears that there has been a settlement filed in Comcast‘s counter-claim against David Linhardt and his (multiple) email marketing (and hosting) companies. I have a bit of analysis up there at [...]

Top 10 Posts of 2009

So, yesterday I put out a list of the bottom 10 posts of 2009. I promised then that I’d put out a list of the top 10 posts today, and here they are (in reverse order — #1 is really #10). IP relisted despite no more mail being sent. It seems like I blogged about [...]

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