Russ Harvey Consulting - Computer and Internet Services

Responsible Net Commerce

Opt-In Only | Copyright | Jurisdiction

Protect Your Image on the Internet

There is more than simply "hanging out your shingle" to having a presence on the Web. You need to be sure that you are conveying the right message and that you are not taking shortcuts that will hurt your business's reputation.

This page is aimed primarily at those building websites and running blogs, but the information is pertinent to most business owners. It also is Canadian-based, so you'll want to determine any specialized rules for your country and the jurisdictions where you do business.

Don't Be Labeled a Spammer

You don't want to become identified as a spammer — someone that sends out unsolicited email messages.

Anyone offering to “target market” addresses for you is offering to spam others on your behalf. The consequences can be severe.

  • Canadian anti-spam legislation (CASL) came into effect on July 1, 2014 and has administrative monetary penalties (AMPs) up to $1 million for an individual and $10 million for entities, such as corporations, per violation.
  • Legislation in California can find you liable for thousands of dollars in damages if even one of your spam emails is sent to a location within California (or any other location with similar legislation).

Learn more about how to avoid being the victim or perpetrator of spam or phishing attacks.

Promote Responsible Net Commerce: Fight Spam!

Ethical Net Commerce

Avoid Opt-Out — Use Opt-In

If you're a business or organization, make it a practice to allow people to “opt-in” to receive your newsletters, offers and other promotions. This ensures that those on your list truly wish to receive the material you're sending.

“Assumed Consent” is Sneaky and Unethical

It is really sad that marketing companies have been allowed to spam, calling it opt-out. Shame on them!

Don't be fooled by the term opt-out. It is merely an attempt to sugar-coat spam. It's simple: never do business with a spammer, whatever they call themselves.

Use Opt-In Lists

If you have a website and offer an emailed newsletter or other similar service, you will want to ensure that people are actually wanting your email. This process is called opt-in.

This can take the form of a subscription option on your website or an invitation in an email response to a message originated by the other person.

Confirming Opt-ins

Even with explicit permission, you might want to confirm opt-in requests by sending a message to the new address asking them to confirm their intention to subscribe. This way you know it is a legitimate request from someone that has access to that specific address. If you receive no reply, simply remove that address from your list.

You should also include a method for people to unsubscribe to your list in the future. While you should never “unsubscribe” to lists that you didn't subscribe to in the first place, this works with lists that you've provided permission using the opt-in methods above.

Family Lists

While it may be OK to send a single message to your whole family, you might want to check first.

  • Not everyone wants to receive your pictures of Uncle Joe at the birthday party, particularly if they are on a lower-speed connection — and definitely not all of them.
  • Everyone knows someone in the family that loves to talk. The electronic version is even more annoying, since you can't simply leave.

Opt-out IS Spam

Avoid “Assumed Consent”

A number of very large (and not-so-large) companies use pre-checked boxes beside statements like, I would like to be notified about product updates and information of interest from our partners.

Why do this?

This practice resulted in an astounding 80% assent rate (compared an average of 0.1% response rate in traditional direct mail).

Guess What? People Weren't Providing Consent

People were not giving their consent — they were simply not reading what was beside the check box.

Companies were forcing people to uncheck these boxes (i.e. opt-out) in order not to have their name sold to other companies for distribution of sales material.

Pre-Checking Boxes is Unethical (and Now Illegal in Canada)

This is an unethical “assumed-close” sales technique.

By pre-checking the boxes they forced the user to take action to not register. This is essentially the same thing as companies sending products to you without your consent then billing you. The assumption that you could send the products back is inadequate.

Consumer Protection

Most North American jurisdictions give protection to the consumer — usually in the form of being able to keep the unordered merchandise without making any payment and a “cooling off” period for door-to-door sales. Why should an electronic version be any different?

Marketing Lists

Never purchase a list of email addresses from anyone. Rather than bring you success, this is likely to get you listed as someone with shady business practices.

Why do those marketing these lists usually forge other people's addresses (rather than using their own) when making their unsolicited sales pitch to you if these lists are legitimate?

Spammers are Cowards

Simply because they only want to deal with the susceptible (gullible) respondents — those clicking on their advertising links.

They'd rather that the real owners of the addresses suffer the high volume of complaints. They only see the result of click-throughs to the website in the message — not the collateral damage. They let the owners of the stolen addresses deal with that.

Hiding Behind False Links

Spammers and scammers often mask the actual destination of clickable links within their messages by making it appear to go to a legitimate address, when in fact it goes to a redirected address.

How can you tell? When hovering over the links in a message, look in the status bar to see the actual destination of the link. It is easy to mask the actual destination so that a link that appears to be "from your bank" actual takes you somewhere dangerous.

Even so, I strongly urge you NOT to follow these links. Remember, many of these sites are designed to steal from you: your passwords, your identity and your hard-earned money.

Beware of Phishing & Identity Theft

Hint, legitimate banks and companies don't warn you by email that your account is suspended.

  • Such messages are an attempt to gain access to your account by requesting your user name and password under false pretenses. The threat of account suspension is designed to get you to panic and ignore common sense.
  • This is called phishing and leads to identity theft.
  • While you're entering information into the fake site, the thief is logging into your real account.

Never follow a link in an email. Type a known address into the location bar of your browser or contact your financial institution directly by phone.

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circled-C copyright symbol

Freely Available but Not Free

The Internet has become a huge repository of information and it is important to understand that much of that information is freely available, but is not free.

My favorite way of explaining the concept of intellectual property to the illiterate tribesmen I encounter daily is ‘Okay, imagine that all the sheet music in the world burned up in a huge bonfire, and then imagine that they threw on all the CDs. You can still hum the music, right? The music still exists, right? Well, that thing you can't touch, or buy, or break…that is what we own.’
Why You Can't Use Music On Your Web Site

Copyright is Automatic

Copyright is the legal term used to convey ownership. In Canada, copyright is automatically awarded to your body of creative work at the time of creation.

Protect Your Creative Work

If you are creating works you might want to belong to a creator's organization like the Canadian Authors Association to learn more about copyright and other important issues.

Copyright and the Internet

The Internet, just like other mediums, depends upon copyright protection to ensure that content is safe. No matter how noble the intention, the Internet should never be separated from other jurisdictions in terms of copyright protection.

The Education System is Not Exempt

One major violator of this premise is the educational system. Special interest groups have proposed that we should exempt the education system from having to respect copyright, particularly when it comes to information on the Internet. Essentially, they are proposing legalized theft.

Their argument that “it is for our children” doesn't hold water. Why don't they propose banning payments to teachers, janitors or other school suppliers as well? Perhaps they place no value in the effort it takes to create intellectual property?

Copyright is Ownership

Copyright in its simplest terms is ownership. All text and images you find on the Internet were created by someone and the copyright is retained by the owner unless there are express indications that either the text or the images or both are public domain. It is usually best to assume that copyright exists unless you are sure that it does not.

If you wish to share your own content, using a system such as Creative Commons, that is your prerogative. However, before you include other people's content on your site, be sure of their willingness to share that information (it will be clearly indicated on their site) and that the content is theirs to give away.

If a search for the text or image shows up on a copyrighted site, don't use the content without the creator's written permission.

Don't Steal

Imagine someone cashing your pay-cheque without your permission. That is how copyright violation feels to the person whose copyrighted information is used without permission or payment.

Obtaining More Information

These sites will give you a greater understanding of the issues and implications of copyright:

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Updated: July 2, 2015

Taking care of your corporate image on the Web.

Jurisdictional Issues

You may have to consider some jurisdictional issues.

Unlike a bricks and mortar business, once you're on the Internet, you can be subject to laws in other countries — even if you don't normally do business there.

How Does It Affect Me?

You are going to be affected if you have content on your site that may embarrass or be inconvenient to others. The Internet is a pretty wide-open arena and, like radio signals, it doesn't stop at a border because the rules change.

What's Legal

In most cases you're going to have to legally be accountable for the laws and general practices within the jurisdiction where your site is hosted as well as where you are doing business.

Your site should have a terms of use that clearly states this jurisdiction to avoid the expense of having to defend yourself in another community or another country.

Get Legal Advice

If there is any possibility that you are placing material that could get the attention of the authorities, you should consult legal counsel before you put it up.

There are very broad powers given to governments to force ISPs (web hosts) to give up your personal data (including email correspondence) and to close down your site if they believe you have broken the law.

Unfortunately, various governments have used the threat of terrorism to spy on their own citizens and to sometimes make it difficult or impossible to know the actual rulings or even how they are applied.

Secret courts and private tribunals may sound like something out of a bad movie plot, but that is exactly what Snowden revealed about the practices used by the NSA (and are used by other governments).

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Related Resources

Related resources on this site:

or check the resources index.

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