I saw a posting go by suggesting that any message claiming to be CAN-SPAM
compliant (hmm, is that rule going to hit _this_ message just because I'm
discussing it?) must automatically be spam.

This may not be a good assumption.

One of the (possibly unintended) effects of the law is that ALL commercial
email messages, even single messages between individuals, must comply with
the provisions in the bill -- the only exceptions are for "transactional"
email (order confirmations, warranty notices, etc.).

Some, but not all, of the labeling provisions are relaxed if recipient has
given "affirmative consent" to receive the message.  However, it's very
likely that a lot of senders are going to "play it safe" and include all
the labeling (with the possible exception of Subject-line labeling, when
the FTC gets around to defining it) in every message, because (a) that'll
be easier than requiring everyone in the company to keep track of who they
have permission to send mail to, and (b) there isn't a clear definition of
what's sufficient to demonstrate "affirmative consent."  (There's a good
definition of what "affirmative consent" _is_, but not of what the sender
must do to document it in the event the recipient disputes it.)

The most significant thing is that we'll be seeing "a functioning return
electronic mail address or other Internet-based mechanism, clearly and
conspicuously displayed, that ... a recipient may use to submit, in a
manner specified in the message, a reply electronic mail message or other
form of Internet-based communication requesting not to receive future
commercial electronic mail messages from that sender at the electronic
mail address where the message was received" in a lot more non-spam mail.

Many of the EXCUSE_* rules in now SA may become less useful as a result.



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