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20 REASONS
TO SUPPORT THE CULTURE COMMITTEE AMENDMENT ON ARTICLE 7
OF THE E-COMMERCE DIRECTIVE
From EuroISPA
- 22,000 people from around Europe have signed an online petition to
call for unsolicited e-mail to be prohibited.
- 10% of unsolicited e-mail is pornographic. (Source: Computing Services
and Software Association). Pornographic email is often misdirected to minors
and people at the workplace who have done nothing to indicate a desire
to receive it.
- 68% of US Internet users say that they find unsolicited e-mail useless
and bothersome. (source: idem)
- Two thirds of US Internet users support legislation to prevent the
widespread use of unsolicited e-mail as a marketing tool. (source: idem)
INDUSTRY HATES JUNK E-MAIL
- "The ‘free" distribution of unwelcome or misleading messages
to thousands of people is an annoying and sometimes destructive use of
the Internet’s unprecedented efficiency" – Bill Gates
- The
Internet Direct Marketing Bureau
has endorsed an opt-in policy that is designed to give users greater control
over the flow of pitches that pour into email boxes.
- Unsolicited commercial communications cost UK business £5,000,000,000
per year (source: Novell).
- It is unacceptable to legitimise a practice that permits advertisers
to invite themselves to use Internet provider infrastructure and consumer
phone bills to pay for their marketing.
- Unsolicited e-mail is already banned in the Netherlands and Germany.
- Opt-out has been shown to be unworkable in the USA, proven by the large
amount of unsolicited e-mail still circulating.
OPT-OUT WILL NOT WORK
- Direct marketing associations cannot produce reliable industry self-regulation
because the costs of sending commercial e-mail are so low that most junk
mailers will not need to be association members.
- 90% of commercial e-mail in the USA is unsolicited, producing a huge
burden on Internet networks (source: Computing Services and Software Association)
- The cost structure of junk e-mail is fundamentally different from physical
junk mail, which is why junk e-mail must be legislated for differently.
- E-mail marketing is a trans-national issue, it cannot be dealt with
effectively on a nation-state level.
- E-Mail address "harvesting" programs are cheap and can produce
mailing lists of hundreds of thousands of addresses at almost no cost.
- Article 7A of the Data Protection Directive, states that "Member
States shall provide that personal data may be processed only if the data
subject has unambiguously given his consent".
- "Tagging" of e-mail (like #/# in the subject heading) does
nothing to resolve the issue of costs imposed on Internet providers and
disadvantages new Internet users who are not aware of how to set up a filter
on their e-mail client.
- Under a simple opt-out system, the ease with which new lists are created
means that new lists would be created more quickly than consumers could
remove themselves from the lists.
OPT-IN WILL WORK
- Opt-in gives consumers control over where they are sent e-mails from,
thereby increasing the likelihood of their opening the commercial e-mails
they receive.
- Opt-in provides marketers with clear information on how many consumers
are interested in their product.
| Opt-in gives consumers the opportunity to request marketing information
they require, marketers the possibility to target their messages to those
who wish to receive them, and Internet Providers the possibility to continue
to provide fast, effective and safe electronic mail for consumers. |
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