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In the aftermath of federal anti-spam legislation, California's law becomes largely irrelevant. But on technical terms, it was a far more effective law for stopping spam than the current federal law. Why? Because it was an opt-in law, not an opt-out law.
Let me explain: The current federal law allows spammers to keep on spamming you until you opt out of the list. There's no requirement that you opt in at all. Given that every individual, business and organization in the country has the right to spam you under federal law, this adds up to tens of thousands of sources who can legitimately email you even though you never asked to be emailed. You would have to say "no thanks" to each one.
An opt-in law like California's, however, had a much tighter standard: recipients must opt-in to receiving email or, at least, have a relationship with the organization sending them the email.
This is a much higher standard. In fact, it's the permission marketing standard, which requires that marketers only email people with their permission.
In the minds of most people, when they say they don't want to be spammed, what they mean is that they want organizations to adopt permission email marketing standards. But what got from Washington was quite different: they got a law that allows any organization to keep spamming them until they say, "Stop!"
This is hardly a permission marketing stance, but the federal law was passed precisely because the California opt-in law scared the DMA and other marketing special interest groups so much that they lobbied for the passage of the easier, opt-out law.
By passing the opt-out law, legislators in Washington were able to claim that they were doing something to fight spam while, in fact, accomplishing practically nothing at all. The lawmakers are happy, the DMA is happy, and spammers are especially happy, for now they can email people under the protection of U.S. federal law.
The only people getting the shaft with this deal are, of course, all the Internet users who demanded real action on the issue in the first place. About the author: Mike Adams is a natural health author and technology pioneer with a passion for sharing empowering information to help improve personal and planetary health He is a prolific writer and has published thousands of articles, interviews, reports and consumer guides, reaching millions of readers with information that is saving lives and improving personal health around the world. Adams is an independent journalist with strong ethics who does not get paid to write articles about any product or company. In 2007, Adams launched EcoLEDs, a manufacturer of mercury-free, energy-efficient LED lighting products that save electricity and help prevent global warming. He also founded an environmentally-friendly online retailer called BetterLifeGoods.com that uses retail profits to help support consumer advocacy programs. He's also the founder of a well known HTML email software company whose 'Email Marketing Director' software currently runs the NaturalNews subscription database. Adams also serves as the executive director of the Consumer Wellness Center, a non-profit consumer protection group, and regularly pursues cycling, nature photography, Capoeira and Pilates. Known by his callsign, the 'Health Ranger,' Adams posts his missions statements, health statistics and health photos at www.HealthRanger.org
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