West Coast Concerns
As vice president of outbound marketing solutions for San Francisco-based CNET Networks, Markus Mullarkey oversees tens of millions of retention e-mail and prospecting messages. He’s on the front lines devising tactics to cope with spam and developments like the new anti-spam law signed into law in California in September. The law, which goes into effect Jan. 1, has marketers buzzing anxiously and the Direct Marketing Association considering a legal challenge (see story on page 11). But this gigantic e-mail marketer’s strategy is business as usual — as long as business includes upholding the highest standards.
DIRECT: Will CNET be making radical changes as a result of the new law?
MULLARKEY: No. My perspective is you don’t have to do anything that is radically different than what a good reputable publisher does today anyway. There’s a lot of overreaction in the industry.
DIRECT: CNET publishes 125 e-mail newsletter titles and accepts third-party ads in most of them. Marketers are worried that under the opt-in provisions of the anti-spam law, that e-mail publishers who carry ads will have to ask their California subscribers to opt in to receive the ads.
MULLARKEY: One of the problems of the legislation is it is ambiguous on this count. In reviewing the law, the interpretation that it is OK to send users advertising that they could reasonably expect, or that they have asked for.
DIRECT: How can you be sure what subs expect?
MULLARKEY: You need to make clear during the registration process what the subscriber is going to receive. If they know what they are giving consent to, then you have to send them what they consented to receive. If they know that they will be receiving messages from advertisers, then that is sufficient.
DIRECT: How does this legislation relate to the location of the marketer in your opinion?
MULLARKEY: The law is attempting to affect mail being sent to individuals in California, as well as mail being sent from California to other locations. That’s much more broadly encompassing than if it were one or the other.
DIRECT: How will you know which customers are in California?
MULLARKEY: For over a year, we’ve asked subscribers for their geographic location when they register.
