First things first, I'm not a legal expert and so this article DOES NOT represent any legal or professional information and nor can I guarantee its accuracy. I only wrote this article to introduce you to these email laws that might affect us, email marketers.OK, so what're these email laws?
They're
Child Protection Registry laws that have been taken into effect in
State of Michigan and Utah.
These laws established "Do Not Email" registries into which individuals or institutions that primarily serve minors can enter minors' email addresses or any email address to which minors may have access. Institutions or entities that primarily serve minors can also register their entire domain names.
People are prohibited by these laws from sending email to
addresses that have been in
registries for 30 days or more if
email contains material or link to material that is illegal for minors. And it doesn't matter whether
email is solicited or unsolicited, you still can't send such email.
You might think that
materials must be something obvious such as pornography, gambling, alcohol, etc. Yes, but they're only part of
materials.
The other part consists of less obvious stuff, namely stuff that looks fine, but might be illegal for minors because minors are prohibited by law from viewing, receiving, participating, possessing, or purchasing this stuff. This includes automotive sales, financial services such as credit card, etc.
And according to
Institute for Spam and Internet Public Policy, these laws apply to almost all people in
United States and even those outside
United States who have a physical presence in
United States. (see http://www.isipp.com/child-protection-email-address-registries.php)
So, imagine you have some email addresses in your list that happen to be already in
"do not email" registry for 30 days, but you're not aware of them. And one day, you send an email that contains a link to a webpage that has some Adsense ads that advertise some automotive sales, guess what may happen to you?