Have You Ever Been Accused Of Sending Spam or Being A Spammer?
Have You Ever Been Accused Of Sending Spam or Being A Spammer?
- what is spam, are you a spammer, spam, spamming, email spam, unsoilicited bulk email, report can spam violation, can spam best practices, can spam canada, email laws and regulations, email spam sign up, email spam list, how to stop email spam, email spam checker, email spam virus, yahoo email spam, email spam definition, email spam words
I spent considerable time and thought into writing this article because
of the controversial and nature of the subject. However, it was one I
believe NEEDED to be written.
Has the phenomenon called "SPAM" been misapplied, misdiagnosed or misinterpreted?
Please watch this short video first...
Because of the explosion in online communication and traffic the last 20 years, email traffic has likewise proliferated enormously! As with almost every other area of the internet experience, a VAGUE, MURKY and UNCLEAR understanding of what constitutes spam has become what's in the "eye of the beholder" or more appropriately, in the "eye of the inboxholder".
Let's look at the technical definition of spam:
An electronic message is "spam" if...
(A) the recipient's personal identity and content are irrelevant because the message is equally applicable to many other potential recipients;
AND
(B) the recipient has not veritably granted deliberate, explicit, and still-revocable permission for it to be sent.
An electronic communication is spam ONLY when it's BOTH unsolicited AND in bulk.
An Unsolicited email example:
A "blind" list of email addresses used for "first", and "unexpected" contact.
Bulk email examples:
Customer/client communications, subscriber lists, discussion lists
BOTH conditions A and B have to be ACTIVE for the email message to universally be accepted as SPAM. As a result of not understanding these two conditions many internet and email users have created their own concept of what is "spam".
Spam is an issue of CONSENT, not CONTENT or FREQUENCY!
A clear and concise understanding of the SPAM concept involves making a distinction between...
THE CONSENT
THE CONTENT
THE FREQUENCY
Spam is a function of CONSENT
Spam is NOT a function of CONTENT
Spam is NOT a function of FREQUENCY
So the ultimate key to what is SPAM is whether the communication is UNSOLICITED versus UNWANTED. Which brings me to the OPT-IN!
There's been a lot of MISUNDERSTANDING and CONFUSION about this. If I or you agree to send and receive electronic communication from each other this becomes in effect a MUTUAL CONSENT CONTRACT. Depending on the terms of the agreed communication both partners ACCEPT and EXPECT to be contacted.
THE CONSENT
The use of "squeeze" pages is a common and accepted form of OPT-IN online. I agree to provide an email address or other info in exchange for some benefit such as a free report. Other forms of OPT-IN can be as a member of some online community by agreeing to "friend", "follow" or "associate".
THE CONTENT
The content is irrelevant if I've OPTED-IN or AGREED to receive communication and is therefore NOT SPAM. For example, I have an interest in SEO (search engine optimization) and opt-in to receive info from a web site dedicated to SEO training. Then I receive emails not only about SEO but email marketing, social media marketing, Photoshop training and more. Now those may be subjects I don't WANT or have NO INTEREST in but the communication is NOT spam. Why?
Because I agreed to open a channel of communication from the source.
THE FREQUENCY
As I mentioned in the video I've been doing business online since 1997 and have seen how the concept of email has evolved or devolved (depending on your point of view ;0). In my opinion the issue of frequency of communication has provided the greatest opportunity for error concerning what is "spam".
Most online users when offered to OPT-IN to receive email communication are NOT asked on the front end "How often may I or we contact you?". Why? Because MOST internet marketers believe the "money is in the list" concept. Therefore, they will shoot off an email to everyone that OPTED-IN to their list(s) whenever they have a new offer, relevant content, updates or a new product or service to sell or promote.
The SALES FUNNEL is a subset in THE FREQUENCY component of online electronic communication. When you "opt-in" to someone's list there's usually an auto responder setup of a series of consecutive emails sent to you. These emails typically are mailed Day 1, Day 2, Day 3, etc.
I'm on at least 12 different email lists of internet business resource providers and marketers I trust. I've also OPTED-IN to several internet communities by "friending", "following" or "associating" with members that send me emails almost daily. Is that SPAM? No. Why? Because I AGREED and THEY AGREED to exchange messages. I do not send messages to my subscriber lists daily or even weekly. However, I wouldn't be spamming them if I did. Now credible internet marketers and their email auto-responders respect the guidelines of the CAN-SPAM ACT 2004. One of the guidelines of the ACT requires providing recipients a way to opt out of receiving future email and honor those opt-out requests promptly.
Quite frankly, even though I've received tremendous benefit from my trusted list of marketers, I don't want to hear from them everyday or every other day. However, if they contact every day or every other day they ARE NOT SPAMMING ME!
Why? Again, because I agreed to be contacted. Now I have the option to let them know the communication is too frequent. If they don't respect that and slack off then I can OPT-OUT of their list. But there's no justification for me to accuse them of "SPAMMING ME".
Different jurisdictions have initiated guidelines to control what they define as "spam". One particular example is US S.877 (CAN-SPAM Act 2004). Each jurisdiction deals with "spam" in diverse ways. As a result, many often come up with different definitions of what they cover, whether they call it "spam" or not. In fact as the issues of what constitutes spam continues to play out, I'm VERY CAREFUL about accusing someone of spamming me when I OPTED-IN to be contacted.Remember, internet law is also evolving or devolving (depending on your point of view ;0).
Blindly accusing someone of "spam" may at some point become a legal issue such as breach of contract...who knows. I would not want to find myself on the wrong end of a potential internet slander or libel suit because I erroneously accused someone of "spam" which in turn caused them some tangible business harm. Any and everyone doing business online MUST have a CLEAR understanding of what constitutes SPAM as it is presently universally defined. Just throwing that word at someone without education, explanation, clarification or justification can have many different and unexpected consequences to our businesses.
Because someone opted-in, "friended", "followed", "associated" or "accepted" to exchange info with contacts me MORE frequently than I would like or with content that I don't like or has no value to me is NOT SPAM. In fact now there is a NEW variation of "spam" called "SPIM". "SPIM" is the unsolicited text messaging we are getting more and more of on our cell and smart phone devices. Again, the key is the word UNSOLICITED. Google has also displayed insight into the issue of what is defined as "spam". If you have a Gmail account it breaks down its' inbox email communication into these categories...
Inbox, Spam, Social, Promotions, Updates and Forums
That says to me Google is aware of the ever changing nature of email communication. There are also emerging issues of FREE SPEECH versus defining what constitutes spam which are causing challenges for regulators of email communications.
The issue of SPAM continues to be controversial and can be emotionally charged for both the one called a "spammer" and the one believing they're being "spammed".
More info on this important subject can be found here...
http://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
http://www.ftc.gov/system/files/documents/plain-language/bus61-can-spam-act-compliance-guide-business.pdf
The next time someone who has OPTED-IN, FRIEND ED, FOLLOWED, ACCEPTED, ASSOCIATED or AGREED to be contacted by you accuses you of "SPAMMING" them, show them this article.
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- what is spam, are you a spammer, spam, spamming, email spam, unsoilicited bulk email, report can spam violation, can spam best practices, can spam canada, email laws and regulations, email spam sign up, email spam list, how to stop email spam, email spam checker, email spam virus, yahoo email spam, email spam definition, email spam words
Has the phenomenon called "SPAM" been misapplied, misdiagnosed or misinterpreted?
Please watch this short video first...
One folksy definition for SPAM is called...
Stupid
Pointless
Annoying
Messages
Because of the explosion in online communication and traffic the last 20 years, email traffic has likewise proliferated enormously! As with almost every other area of the internet experience, a VAGUE, MURKY and UNCLEAR understanding of what constitutes spam has become what's in the "eye of the beholder" or more appropriately, in the "eye of the inboxholder".
Let's look at the technical definition of spam:
An electronic message is "spam" if...
(A) the recipient's personal identity and content are irrelevant because the message is equally applicable to many other potential recipients;
AND
(B) the recipient has not veritably granted deliberate, explicit, and still-revocable permission for it to be sent.
An electronic communication is spam ONLY when it's BOTH unsolicited AND in bulk.
An Unsolicited email example:
A "blind" list of email addresses used for "first", and "unexpected" contact.
Bulk email examples:
Customer/client communications, subscriber lists, discussion lists
BOTH conditions A and B have to be ACTIVE for the email message to universally be accepted as SPAM. As a result of not understanding these two conditions many internet and email users have created their own concept of what is "spam".
Spam is an issue of CONSENT, not CONTENT or FREQUENCY!
A clear and concise understanding of the SPAM concept involves making a distinction between...
THE CONSENT
THE CONTENT
THE FREQUENCY
Spam is a function of CONSENT
Spam is NOT a function of CONTENT
Spam is NOT a function of FREQUENCY
So the ultimate key to what is SPAM is whether the communication is UNSOLICITED versus UNWANTED. Which brings me to the OPT-IN!
There's been a lot of MISUNDERSTANDING and CONFUSION about this. If I or you agree to send and receive electronic communication from each other this becomes in effect a MUTUAL CONSENT CONTRACT. Depending on the terms of the agreed communication both partners ACCEPT and EXPECT to be contacted.
THE CONSENT
The use of "squeeze" pages is a common and accepted form of OPT-IN online. I agree to provide an email address or other info in exchange for some benefit such as a free report. Other forms of OPT-IN can be as a member of some online community by agreeing to "friend", "follow" or "associate".
THE CONTENT
The content is irrelevant if I've OPTED-IN or AGREED to receive communication and is therefore NOT SPAM. For example, I have an interest in SEO (search engine optimization) and opt-in to receive info from a web site dedicated to SEO training. Then I receive emails not only about SEO but email marketing, social media marketing, Photoshop training and more. Now those may be subjects I don't WANT or have NO INTEREST in but the communication is NOT spam. Why?
Because I agreed to open a channel of communication from the source.
THE FREQUENCY
As I mentioned in the video I've been doing business online since 1997 and have seen how the concept of email has evolved or devolved (depending on your point of view ;0). In my opinion the issue of frequency of communication has provided the greatest opportunity for error concerning what is "spam".
Most online users when offered to OPT-IN to receive email communication are NOT asked on the front end "How often may I or we contact you?". Why? Because MOST internet marketers believe the "money is in the list" concept. Therefore, they will shoot off an email to everyone that OPTED-IN to their list(s) whenever they have a new offer, relevant content, updates or a new product or service to sell or promote.
The SALES FUNNEL is a subset in THE FREQUENCY component of online electronic communication. When you "opt-in" to someone's list there's usually an auto responder setup of a series of consecutive emails sent to you. These emails typically are mailed Day 1, Day 2, Day 3, etc.
I'm on at least 12 different email lists of internet business resource providers and marketers I trust. I've also OPTED-IN to several internet communities by "friending", "following" or "associating" with members that send me emails almost daily. Is that SPAM? No. Why? Because I AGREED and THEY AGREED to exchange messages. I do not send messages to my subscriber lists daily or even weekly. However, I wouldn't be spamming them if I did. Now credible internet marketers and their email auto-responders respect the guidelines of the CAN-SPAM ACT 2004. One of the guidelines of the ACT requires providing recipients a way to opt out of receiving future email and honor those opt-out requests promptly.
Quite frankly, even though I've received tremendous benefit from my trusted list of marketers, I don't want to hear from them everyday or every other day. However, if they contact every day or every other day they ARE NOT SPAMMING ME!
Why? Again, because I agreed to be contacted. Now I have the option to let them know the communication is too frequent. If they don't respect that and slack off then I can OPT-OUT of their list. But there's no justification for me to accuse them of "SPAMMING ME".
Different jurisdictions have initiated guidelines to control what they define as "spam". One particular example is US S.877 (CAN-SPAM Act 2004). Each jurisdiction deals with "spam" in diverse ways. As a result, many often come up with different definitions of what they cover, whether they call it "spam" or not. In fact as the issues of what constitutes spam continues to play out, I'm VERY CAREFUL about accusing someone of spamming me when I OPTED-IN to be contacted.Remember, internet law is also evolving or devolving (depending on your point of view ;0).
Blindly accusing someone of "spam" may at some point become a legal issue such as breach of contract...who knows. I would not want to find myself on the wrong end of a potential internet slander or libel suit because I erroneously accused someone of "spam" which in turn caused them some tangible business harm. Any and everyone doing business online MUST have a CLEAR understanding of what constitutes SPAM as it is presently universally defined. Just throwing that word at someone without education, explanation, clarification or justification can have many different and unexpected consequences to our businesses.
Because someone opted-in, "friended", "followed", "associated" or "accepted" to exchange info with contacts me MORE frequently than I would like or with content that I don't like or has no value to me is NOT SPAM. In fact now there is a NEW variation of "spam" called "SPIM". "SPIM" is the unsolicited text messaging we are getting more and more of on our cell and smart phone devices. Again, the key is the word UNSOLICITED. Google has also displayed insight into the issue of what is defined as "spam". If you have a Gmail account it breaks down its' inbox email communication into these categories...
Inbox, Spam, Social, Promotions, Updates and Forums
That says to me Google is aware of the ever changing nature of email communication. There are also emerging issues of FREE SPEECH versus defining what constitutes spam which are causing challenges for regulators of email communications.
Real example of Spam....
This was in the inbox of one of my email accounts on 10-22-15
SEO and SMO packages with Reasonable Cost
Sent By: Colin Dunn
SEO and SMO packages with Reasonable Cost
Sent By: Colin Dunn
On:Oct 10/23/15 1:16 AM
To: amr@comcast.net
Hi Anne-Marie,
Greetings,
My name is Colin as working in one of the reputed leading Digital Marketing (SEO, SMO & PPC) Company in India having the 10 years of experience of getting our customer’s websites top in Google and generating high traffic on website with top page rank.
We use ethical Search Engine Optimization techniques to ensure that your website will rank in the top pages of the search engines. We promise that we will improve the rank within a short time. If you would be interested in getting very affordable Search Engine Optimization done for your website, Let me know if you are interested and I would happy to send you more details on this.
Look forward for your positive response.
Thanks & Regards,
Colin
Why does this communication meet the standard of being "spam"?
1) It's UNSOLICITED
This means I did not ask, accept, agree, optin or associate to exchange info with
this individual. I've never met, talked to or heard of him before.
2) No way to UNSUBSCRIBE
Even though I did not ask, accept, agree, optin or associate to exchange info with
this individual there should be a link to remove myself from his list.
Did you ASK or AGREE to the communication is ALWAYS the key to what is spam.
One more time, the actual CONTENT or FREQUENCY of contact is NOT SPAM.
For example, many internet marketers, trainers, product creators or "gurus" will say something like...
"Don't write that way it looks or sounds "spammy"
"If you "spam" your LIST with a lot of messages they will opt-out"
"Google hates sites with "spammy content"
I'm truly amazed at the number of so called or self styled ON and OFFLINE
business experts who DO NOT understand the true definition of "spam".
To: amr@comcast.net
Hi Anne-Marie,
Greetings,
My name is Colin as working in one of the reputed leading Digital Marketing (SEO, SMO & PPC) Company in India having the 10 years of experience of getting our customer’s websites top in Google and generating high traffic on website with top page rank.
We use ethical Search Engine Optimization techniques to ensure that your website will rank in the top pages of the search engines. We promise that we will improve the rank within a short time. If you would be interested in getting very affordable Search Engine Optimization done for your website, Let me know if you are interested and I would happy to send you more details on this.
Look forward for your positive response.
Thanks & Regards,
Colin
Why does this communication meet the standard of being "spam"?
1) It's UNSOLICITED
This means I did not ask, accept, agree, optin or associate to exchange info with
this individual. I've never met, talked to or heard of him before.
2) No way to UNSUBSCRIBE
Even though I did not ask, accept, agree, optin or associate to exchange info with
this individual there should be a link to remove myself from his list.
Did you ASK or AGREE to the communication is ALWAYS the key to what is spam.
One more time, the actual CONTENT or FREQUENCY of contact is NOT SPAM.
For example, many internet marketers, trainers, product creators or "gurus" will say something like...
"Don't write that way it looks or sounds "spammy"
"If you "spam" your LIST with a lot of messages they will opt-out"
"Google hates sites with "spammy content"
I'm truly amazed at the number of so called or self styled ON and OFFLINE
business experts who DO NOT understand the true definition of "spam".
The issue of SPAM continues to be controversial and can be emotionally charged for both the one called a "spammer" and the one believing they're being "spammed".
More info on this important subject can be found here...
http://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
http://www.ftc.gov/system/files/documents/plain-language/bus61-can-spam-act-compliance-guide-business.pdf
The next time someone who has OPTED-IN, FRIEND ED, FOLLOWED, ACCEPTED, ASSOCIATED or AGREED to be contacted by you accuses you of "SPAMMING" them, show them this article.
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