The Direct Marketing Association is committed to upholding
the principles outlined in this working document in its continuing efforts
to combat spam while protecting legitimate email marketing as an emerging
and promising marketing channel.
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1. ADHERENCE TO THE FOUR PILLARS OF RESPONSIBLE E-MAIL MARKETING
- An honest subject line.
- No forging to headers or technological deceptions.
- Identity of the sender, which includes a "physical"
address.
- An opt-out that works and is easy to find and easy to use.
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2. NO HARVESTING
No surreptitious acquisition of email addresses via automated
mechanisms without the consumer/customer's awareness and agreement.
This includes prohibition on dictionary attacks or other mechanisms
for creating email addresses without the awareness and prior approval
of the addressee. |
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3. UNIVERSAL OPT-OUT
All commercial emailed communications must include a standardized
opt-out. This would include communications to customers as well
as prospects and would utilize a standardized symbol. The symbol
would increase awareness date stamp as well as the URL being opted
out from. The user would be encouraged to print out a copy of the
screen including this information and save it for possible prosecution
if additional emails are received after a legislatively mandated
grace period. |
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4. THE GOLD LIST
Companies agreeing to adhere to principles 1-3 would sign an affidavit
to that effect and post a bond of, at minimum, $500 per corporate
entity. A violation of the principles would result in forfeiture
of the bond. In addition, a $100 annual fee would be paid for participating
in the Gold List program. These monies would be used for enforcement
as indicated below, (see point 6 below.) The Gold List would be
provided on a weekly basis to all participating ISP's. |
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5. FEDERAL LEGISLATION
The DMA supports Federal legislation that provides appropriate
penalties for violation of principles 1-3. In addition, legislation
should preempt state anti-spam laws and provide for both civil and
criminal penalties. |
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6. ENFORCEMENT
Significant energy must be focused on enforcing existing fraud
laws as well as the Federal law described above, (see point 5 above)
Federal and state law enforcement agencies would be encouraged to
focus additional resources in this area. In addition, an industry-financed
group would be formed to provide professional investigation and
prosecutorial resources entirely focused on the spam problem. This
so-called "Silver Platter Program" would provide federal law enforcement
agencies with adequate information to carry forward appropriate
prosecutions. The effort would be funded by the DMA, company donations
and the Gold List fees. |
