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Marketers Battle Netizens In Junk/Spam War

The name of the war that's going on depends on which side (or sideline) you're on. You may call it the war over "spam," or "junk email" "direct email" or just a damn nuisance. Here's a brief history of the battleground and issues.

In the beginning, there was direct mail, and marketers saw that it was good. The United States Postal Service provided cost-effective bulk mail rates, and marketers could get news and product/service promotions to potential customers. People complain about junk mail, but they actually look at some of it and act on some of it. It works. Really.

When the fax machine arrived - most of us are old enough to remember that technological event - the war moved to a new battle ground. Junk or direct faxes. Consider the huge differences between faxes and direct mail. Faxes convey a sense of urgency and are extremely cheap (but not free) to send out. The biggest difference is that unlike direct mail, direct faxes actually cost the recipient money to receive - ink, paper and use of the fax machine.

The United States of America government responded. U.S. Code Title 46 - Telegraphs, Telephones, and Radiotelephones, Chapter 5 - Wire or Radio Communication, Subchapter II - Common Carriers, states, "It shall be unlawful for a person in the United States to ... use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile." In short, junk/direct faxes are illegal in the USA. The code even mentions a potential $500 fine. No doubt, however, nearly all of us put up with junk faxes rather than hire a lawyer to sue or call a government agency to report this illegal activity.

Now, only a couple of decades after the birth of direct faxes, comes email. Marketers like junk/direct email - at least some of them do - because it's cheap! It's not free - there's an email list to buy and manage or services to pay for - but it is cheap. What's more, the potential reach is in the millions. Or tens of millions.

Enter the Coalition Against Unsolicited Commercial Email (CAUCE). CAUCE has been lobbying at the federal level to make junk e-mail illegal. To quote from www.cauce.org/spam, "in 1997, CAUCE proposed an amendment to the Federal statute which outlaws junk "faxes" to also prohibit junk e-mail."

Four years later, CAUCE doesn't have its amendment, so it appears the groundswell of people who hate junk email is insufficient to get action from the Federal government. CAUCE wants a law because self-policing isn't working. Remember "flaming?" It didn't stop spam. What's more, the fact that most ISP's prohibit their customers from sending out spam/junk email hasn't stopped the onslaught.

The terminology itself shows how sharply the two sides are divided. CAUCE identifies its members as "netizens" opposed to "spam." Some marketers simply offer millions of email addresses for sale as perfectly legitimate "email marketing." Their argument might be that since many of the email addresses have been collected from Websites, it's okay to use them.

Where do we go from here? Next time, I'll review options for "netizens" and options for "marketers." In the meanwhile, feel free to add your own opinion by emailing me.

This article first appeared as a column written by Dave Tedlock, NetOutcomes' president, for Inside Tucson Business and/or the New Mexico Business Weekly.

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