Digital Marketing Blog

Covering all aspects of marketing in the digital age.

Category: Messaging Laws & Compliance

All about messaging laws on the local, national, and international levels, as well as provider-specific compliance requirements

From MAAWG Experts’ Lips To Your Ears
Monday, June 23rd, 2008 by Jaren - Director of Deliverability

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MAAWGI’m writing this from the sky as I fly over the Atlantic Ocean, on my way back from Heidelberg, Germany where I attended a MAAWG conference. I always enjoy going to MAAWG, not only because of the vast amount of socializing and networking that goes on, but also because of the high level of knowledge and expertise there. For example, I attended a panel discussion that included the managers of the postmaster teams for both AOL and Hotmail. These people are the ones who make the decisions on how email is delivered, and whether it is bulked or blocked. From my standpoint as the one in charge of ensuring good delivery for mobileStorm, the value for attending these conferences is clear.

Overall, from the panel discussions to the hallway discussions, some fundamental truths were again reconfirmed to me. These aren’t new concepts, and have been discussed at length in the past, but I will reiterate as they are becoming increasingly important.

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More CAN-SPAM Changes
Monday, May 19th, 2008 by Jaren - Director of Deliverability

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CAN-SPAM ChangesI took a little break from blogging, and am now back in the saddle again. However, rather than getting to hear me preach about deliverability every week, I am going to share my slot with my esteemed colleagues Jared Reitzin and Shaneli Ramratan. So enjoy the new schedule!

The FTC recently approved some slight modifications to the CAN-SPAM act. While these changes will not dramatically impact the way we send email, they are worth noting, as they do affect the way some mailers manage their unsubscribe process, among other things.

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MySpace Indictments: Messaging Abuse Won’t Be Tolerated
Friday, May 16th, 2008 by eydie

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MySpaceYesterday, a federal grand jury indicted a woman who allegedly caused the death of teenager Megan Meier by harassing her on MySpace. Now, I want to make clear that the girl’s death is no frivolous matter, and that I myself was horrified when I first heard the allegations. However I do think that marketers need to take note of the case because it indicates a trend of legal action against those—including illegitimate marketers—who abuse MySpace.

Lori Drew is being charged by federal officials in Los Angeles because there are federal laws that apply to the situation. Prosecutors in Missouri, where the alleged crimes happened, have said no state laws there are applicable to the case. Among the allegations is that Ms. Drew violated MySpace’s terms of service by creating a false account and using it to send false messages.

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Behavioral Targeted Messaging: Shrewd Marketing or Orwellian Nightmare?
Monday, May 12th, 2008 by COO

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Mobile Marketing RequirementsIn the novel 1984, novelist George Orwell predicted a future where the government had complete control over the populace, monitoring their every move through technology. An enduring classic, the book introduced the concept that “Big Brother is watching you.” In fact, it proved to be such a seminal work that the term “Orwellian” became synonymous with technologies that are used in such invasive matters of privacy.

Of course, in today’s society we really are in the era of Big Brother, except that the monitoring technology is (or at least supposed to be) designed to protect us, not control us. Opponents of the infamous Patriot Act might disagree but that’s an issue for another day, or blog for that matter…

In some cases, marketers have implemented monitoring and tracking ideas that are almost as nefarious as those Orwell wrote in 1984. This has been exacerbated by online technologies. While for the most part, being online is relatively safe, the proliferation of viruses, Trojan horses and other applications designed to extract information about consumers has caused many to be a lot more cautious. Unfortunately for digital marketers, this skittishness is hurting the burgeoning use of what is being called behavioral targeted messaging.

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