Spam has become a topic of public debate over the last few months on Capitol Hill. Consumers and e-mail marketers are thrashing out issues to find common ground. Often at the center of that debate is Eileen Harrington, associate director of the marketing practices division for the Bureau of Consumer Protection at the Federal Trade Commission, the agency that attacks deceptive marketing. Harrington's wit and take-no-prisoners style, which she displayed as moderator at an FTC forum on the issue, has made her the face of the debate, an anti-spam maven intent on finding an equitable solution to the problem. Direct tapped her thoughts on how to halt spam.
Direct: Would a do-not-e-mail list, like the one Sen. Charles Schumer has proposed, be an effective means of stopping spam?
Eileen Harrington: This is a very complicated matter. First, there are questions about technological feasibility, including the security of such a database. Second, there are questions about the enforcement of any law requiring marketers to adhere to a ‘do-not-spam’ regime. If law enforcement cannot identify parties originating spam or determine the jurisdiction within which the spammers reside, a “do-not-spam” list and law will not achieve the desired result. The worst case would be to raise expectations that cannot be met. Much study is needed to determine the feasibility of this approach before adopting a policy mandating it.
Direct: At press time, some 48.4 million consumers have signed up for a do-not-call registry. Have consumers become as fed up with spam as they have been with telemarketing?
Harrington: I think the comparison of telemarketing to e-mail marketing is not that useful. Historically, consumers have had no choice over who calls or when their telephone rings. The new do-not-call law gives consumers an opportunity to exercise choice. While much commercial e-mail arrives in the consumer's inbox without the consumer having chosen to receive it, the consumer does have a choice as to when to look at it. Dinner is not interrupted by the arrival of e-mail as it can be by a telephone call. Spam is a problem for consumers, legitimate marketers, ISPs and others. But comparing it to telemarketing, and then looking to telemarketing solutions for spam solutions, isn't likely to produce the best thinking.
Direct: Why is a government agency needed to fight spam?
Harrington: The appropriate role for the government is to fight deception, unfair trade practices and fraud. With regard to spam, our role is to study the problem and do whatever Congress tells us to do on this and other consumer-protection issues.
Direct: How can a company best protect itself from being sued over spam?
Harrington: In terms of enforcement action by the Federal Trade Commission, it's simple for a company to stay on the right side of the law: Don't lie, don't mislead. This means identify the sender in the ‘From’ line; don't use deceptive or misleading statements in the subject line; don't misrepresent the product or service being offered in the text of the message; give a clear ‘unsubscribe’ option and honor it.
Direct: How concerned are consumers about spam? Do they really see the difference between ‘legitimate’ marketers and the folks who send them ‘How-to-be-a-better-lover’ pitches?
Harrington: Good question. I think more research is needed to learn whether consumers think there are legitimate e-mail marketers, and if they do, how they distinguish between them and spammers.
Direct: What does the FTC think about spam blacklist groups?
Harrington: It's an interesting and understandable form of self-help.
Direct: What progress has been made in meetings the FTC has had with the Direct Marketing Association and ISPs in finding a technological solution to spam?
Harrington: We remain hopeful that the solution to the spam problem will be found in technological innovation and application.
Direct: Does the FTC have the resources to stop spam?
Harrington: It's not a question of resources — it's a question of how to do it. No one has yet developed the wherewithal to stop spam.
Direct: What is the solution to spam?
Harrington: If I could answer this question, I could retire.
