Two state laws add to messaging compliance requirements

NETWORK WORLD NEWSLETTER: MICHAEL OSTERMAN ON MESSAGING
07/28/05
Today's focus: Two state laws add to messaging compliance
requirements

Dear networking.world@gmail.com,

In this issue:

* Utah, Michigan try to protect minors from spam
* Links related to Messaging
* Featured reader resource
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Today's focus: Two state laws add to messaging compliance
requirements

By Michael Osterman

The list of regulations to consider when thinking about
messaging compliance continues to grow. You may have to worry
about SEC rules, HIPAA, Sarbanes-Oxley, Gramm-Leach-Bliley,
California's SB 1386, the U.K. Data Protection Act and a number
of other requirements, such as the CAN-SPAM Act. Add to this mix
two new state laws that make it illegal to send certain types of
e-mail to an address that can be accessed by those under the age
of 18.

Michigan and Utah have both passed laws that went into effect
earlier this month that make it illegal to send e-mail to
children whose e-mail addresses are included on a "do not
e-mail" list managed by each state government. Michigan's law
established the Children's Protection Registry, a database of
addresses much like the Federal Trade Commission's "do not call"
list. Under the Michigan law, anyone who sends e-mail
advertising any of a variety of banned products or services -
including obscene material and illegal drugs - to someone on the
list can face fines up to $30,000 and up to three years in
prison for multiple offenses. The law became effective July 1
and compliance must start by Aug. 1.

Utah's law and children's database registry also became
effective July 1 and contains provisions similar to those in the
Michigan law.

It's difficult to know how effective either law will be at
stopping spammers or legitimate e-mail marketers from sending
spam to children, given the fact that neither law has even been
in force for three weeks as of this writing. I suspect, however,
that the laws will be relatively effective at preventing
legitimate marketers from sending stuff to children for the
simple reason that those who would comply with the law are
legitimate. The effectiveness of the laws against spammers,
however, is likely to be nil, since anyone who would market
obscenity and illegal drugs via spam is unlikely to be overly
concerned about staying on the right side of the law anyway.
That said, I would certainly register children's e-mail
addresses with both states' registries given the potentially
significant upside potential of both laws.

I'd like to get your take on these laws and the notion of a "do
not spam" list in general - please send me your thoughts at
<mailto:michael@ostermanresearch.com>

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Today's most forwarded story:

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To contact: Michael Osterman

Michael D. Osterman is the principal of Osterman Research
<http://www.ostermanresearch.com/>, a market research firm that
helps organizations understand the markets for messaging,
directory and related products and services. He can be reached
by clicking here <mailto:michael@ostermanresearch.com>
_______________________________________________________________
This newsletter is sponsored by Tacit Networks
Network World Executive Guide: Staying Focused on the Moving
Target that is Storage

Keeping pace with evolving storage strategies, architectures,
and trends is not unlike keeping pace with your organizations
underlying capacity needs. From ILM strategies to SAN management
to the threat of those USB memory sticks, this Network World
Executive Guide will help you stay focused on the moving target
that is Storage. Register now and get a free copy of Network
World's Storage Executive Guide.
http://www.fattail.com/redir/redirect.asp?CID=108890
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FEATURED READER RESOURCE
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Before you go in for your next annual review or promotion
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