Digital Thoughts: The Evolutionary Spiral of the Email Publisher
Yields are down. Data is non-responsive. Legal repercussions for sending commercial email are much stiffer than in the past. Just this week, the major ISP’s joined together and filed suit against hundreds of commercial emailers. Will email continue its death spiral into meaninglessness or will the “www west” continue to evolve in such a way that ultimately it can become an accepted, trusted and profitable lead/revenue acquisition vehicle?
Ultimately, this important question’s answer hinges on three determining factors which, interestingly enough, are landmarks in our industries ten year history; the introduction of laws and regulations, the abuse of these statutes, and the eventual ways which the government, consumer and industry determines best to enforce the laws.
Introduction of Laws and Regulations:
After the introduction of more than two dozen state laws throughout 2002-2003, the email industry continually sought relief from the myriad of lawsuits and confusing statutes. This relief came in the form of the CANSPAM Act of 2003, signed into law in December. However, various industry forces fought and struggled long before President Bush’s signing of the Federal Law for a set of best practices under which to operate a successful, profitable and legitimate email marketing business model. That set of best practices never came from within the industry, so the Federal Government ultimately stepped in with a solution for consumers and advertisers, one which both limits and protects the email marketer. The introduction of these laws into the market cannot be seen as absolutely negative, and do possess a good deal of foundation from which email marketing can strive to gain its respectability as an advertising and marketing medium.
Abuse of these Laws and Regulations:
It is easy to point the fingers at unscrupulous and unethical spammers looking to make a quick and short term profit by burning their data on lists that are hit harder and harder in the search for profitable yields. However, there are major players who are still not following the CANSPAM Act to the letter of the law. Therefore, we currently find ourselves in this period of the history of email marketing. The federal statute is in place, yet the enforcement guidelines have yet to be created entirely, and there is still a good deal of grey area to be sorted through. With email marketers both large and small continually breaking the law (knowingly or unknowingly), this period of flux will continue with scape-goats, rightful prosecutions and perhaps unfair witch trials of those who are following the law yet sought out because of their presence in email marketing. Our current period will continue until we as an industry step up and provide a meaningful solution to the problem of abuse and response to the federal law which is now the guideline for our best practices.
Enforcement of these Laws and Regulations:
The third phase that leads from the “www west” to the acceptance of email as a profitable vehicle of lead/revenue generation is the period of enforcement of the CANSPAM law which has been laid out. Even though our industry was unable to present a soluble standard for permission-based email marketing before the federal government intervened, we still have the opportunity to bring about the third phase of evolution in the email marketing industry by offering an acceptable scheme of enforcement for the law, based on industry consensus, effective leadership and widespread cooperation. This is a tall order for an industry frequently wrought with late-comers looking to make a quick dollar, so-called industry leaders who only have their own ambition (and pockets) in mind, and the individual interest of every other mailer. However, we must rise to the challenge, learn to work for the better of the industry’s future and begin to find a real system of enforcement which allows for profit, respectability and long-term solvency.
In the ten years since our industry’s creation and the first commercial message was broadcast, we have seen the establishment of the www west, the bringing of the law (the federal government playing the role of intervening sheriff) and we look forward to a time where we as the community of email marketers can learn to make peace with one another and establish a situation where the rule of law provides a framework for long term prosperity and profitability.
Sam Harrelson is the Co-Editor of the Digital Moses Confidential. Please send questions/comments/suggestions to [email protected]
