> 
> You're confusing unrelated things. The one-click unsubscribe is
> literally one click, no intermediate web page or anything returned to
> the user. It's intended for mail systems that do the unsub on the
> user's behalf. The most familiar is Gmail, where you can click the
> junk button, and it sometimes gives you the option to unsubscribe
> instead.

No I'm not, I'm simply adding to the general conversation, as somewhere in the 
thread there was talk about removing the link altogether, and I'm pointing out 
that Federal law mandates a one-step method; completely removing an unsub link 
(and, for example, relying on the one-step in the header) could open one up to 
risk.

> I'd be interested to see case law saying that the usual
> two-click unsub is illegal. I'm pretty sure there isn't any.

I would too, but of course that part of the law has never been litigated, and I 
think it's unlikely to. When we are asked whether it's ok to have a two-step 
method, even though a one-step is implicit in the law's "visiting a single 
Internet Web page" (i.e. having to click 'submit' on that page takes you to a 
second page, making it not 'visiting a single Internet Web page") we answer 
based on experience and pragmatism:  no Federal agency is likely to come after 
you for having that second step, so long as you are doing everything else that 
you are supposed to.

Where I think that it's going to get interesting is when senders start removing 
the visible, in the body, unsub link that people are used to looking for, and 
relying _only_ on the header-embedded unsub.  And that is more likely from 
where the litigation will come.

Anne

--- 
Anne P. Mitchell, Esq.
Email Law & Policy Attorney
CEO Institute for Social Internet Public Policy (ISIPP)
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal email marketing law)
Creator of the term 'deliverability' and founder of the deliverability industry
Author: The Email Deliverability Handbook
Board of Directors, Denver Internet Exchange
Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School
Prof. Emeritus, Lincoln Law School
Chair Emeritus, Asilomar Microcomputer Workshop
Counsel Emeritus, eMail Abuse Prevention System (MAPS)



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