Transcript CAN-SPAM (C)

NWEUG
2015
CAN-SPAM
Tamera Davis
Mark Kremkow
Clackamas Community College
July 31 2015
General Interest - Colleague
Coeur d’Alene, Idaho
SESSION RULES OF ETIQUETTE

Please turn off you cell phone/pager
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If you must leave the session early, please do so as discreetly as
possible
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Please avoid side conversation during the session
Thank you for your cooperation!
Coeur d’Alene, Idaho
NWEUG
2015
INTRODUCTION

This presentation will walk you through our work to comply with
the federal CAN-SPAM act.
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We will introduce you to the CAN-SPAM act of 2003, and why you
should still care about it 12 years later.
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How to use this law to spark a larger discussion on your campus
about electronic communication with your students.
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Implement a process in Colleague to build and maintain an e-mail
opt-out list.
Coeur d’Alene, Idaho
NWEUG
2015
SESSION AGENDA
1.
CAN-SPAM 101
2.
How this applies to your institution
3.
Effects on your communication policy
4.
Setting up an opt-out process in Colleague
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
Introduction to, and specifics of, the CAN-SPAM Act.
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
What is CAN-SPAM?
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CAN-SPAM: Controlling the Assault of Non-Solicited Pornography
And Marketing Act of 2003
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The CAN-SPAM Act establishes requirements for commercial messages,
gives recipients the right to have you stop emailing them, and spells out
tough penalties for violations.
Effective January 1, 2004
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Federal law under FTC enforcement
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Pre-empts state spam laws
National regulation of commercial email
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
Main points: Proper e-mail identification
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Don’t use false or misleading header information.
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Don’t use deceptive subject lines.
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Your “From,” “To,” “Reply-To,” and routing information – including the originating
domain name and email address – must be accurate and identify the person or
business who initiated the message.
The subject line must accurately reflect the content of the message.
Identify the message as an ad.
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The law gives you a lot of leeway in how to do this, but you must disclose clearly
and conspicuously that your message is an advertisement.
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
Main points: Required information
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Tell recipients where you’re located.
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Tell recipients how to opt out of receiving future email from you.
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Must include your valid physical postal address.1
Your message must include a clear and conspicuous explanation of how the
recipient can opt out of getting email from you in the future.2
Honor opt-out requests promptly.
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Opt-out mechanism must process requests for at least 30 days after message
was sent
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Must honor request within 10 days.
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
Main points: Responsibility
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Monitor what others are doing on your behalf.
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The law makes clear that even if you hire another company to handle your
email marketing, you can’t contract away your legal responsibility to comply
with the law. Both the company whose product is promoted in the message and
the company that actually sends the message may be held legally responsible.
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
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How do I know if the CAN-SPAM Act covers email my business is sending?
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What matters is the “primary purpose” of the message. To determine the primary
purpose, remember that an email can contain three different types of
information:
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Commercial content – which advertises or promotes a commercial product or service
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Transactional or relationship content – which facilitates an already agreed-upon
transaction or updates a customer about an ongoing transaction; and
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Other content – which is neither commercial nor transactional or relationship.
What matters is the “primary purpose” of the email.1
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
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How do I know if what I’m sending is a transactional or relationship
message?
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The primary purpose of an email is transactional or relationship if it consists only of
content that:
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facilitates or confirms a commercial transaction that the recipient already has agreed
to;
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gives warranty, recall, safety, or security information about a product or service;
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gives information about a change in terms or features or account balance
information regarding a membership, subscription, account, loan or other ongoing
commercial relationship;
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provides information about an employment relationship or employee benefits; or
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delivers goods or services as part of a transaction that the recipient already has
agreed to.
Coeur d’Alene, Idaho
NWEUG
2015
1. CAN-SPAM 101
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What about email with mixed content?
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“The average consumer would reasonably conclude”
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If the email looks commercial, our intentions don’t matter!
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A recipient reasonably interpreting the subject line of the email would likely
conclude that the message contains commercial content, or
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The email’s “transactional or relationship” content does not appear in whole or
substantial part at the beginning of the body of the message
Coeur d’Alene, Idaho
NWEUG
2015
1. HOW THIS APPLIES TO YOUR INSTITUTION
Wait, we’re a non-profit institution!
Coeur d’Alene, Idaho
NWEUG
2015
2. APPLICATIONS
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CAN-SPAM protects all recipients – consumers, students, businesses and
organizations.
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Applies to mass email campaigns and individual emails.
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It doesn’t matter what email address the communication is being sent to.
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You can still “spam” institution provided email addresses.
While colleges/universities may not be commercial under tax law; we can
still send commercial email.
Coeur d’Alene, Idaho
NWEUG
2015
2. APPLICATIONS
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Commercial email without an education specific purpose:
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Promotion of sporting or theatrical events
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Promotion of institution products (Credit cards, branded clothing, etc)
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Alumni newsletters promoting products or services
Exempt commercial emails with a education specific purpose:
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Charitable donation requests
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Prospective student recruitment
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Conference information
Coeur d’Alene, Idaho
NWEUG
2015
2. APPLICATIONS
Although the CAN-SPAM legislation does not apply specifically to non-profits,
colleges or universities:
We should adhere to well-defined email standards and practices.
This not only protects our institutions, but can be a useful springboard for
designing, implementing or modifying a campus-wide communication policy.
Coeur d’Alene, Idaho
NWEUG
2015
3. EFFECTS ON YOUR COMMUNICATION POLICY
Wait, communication policy?!
Coeur d’Alene, Idaho
NWEUG
2015
3. EFFECTS
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First question: Do you have a communication policy to effect?
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In our case, the answer is: no.
Compliance with CAN-SPAM is driving the discussion around bringing order
to our email communication.
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We have multiple departments and individuals sending email from a vast variety
of tools, with no oversite or policy in place.
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We’ve never had a central mail office or department that was responsible for
campus communication.
Coeur d’Alene, Idaho
NWEUG
2015
3. EFFECTS
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Complying with CAN-SPAM means that there has to be a campus-wide
process in place to handle opt-out requests.
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The developed process means nothing without a policy driving its usage.
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Just because no non-profit has ever been fined under CAN-SPAM, doesn’t
change that there is the potential for a $16,000 fine per email.
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This is a great motivator for getting administration and faculty buy-in!
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Plus there are pay-offs to having a strong communication policy, outside of
CAN-SPAM.
Coeur d’Alene, Idaho
NWEUG
2015
3. EFFECTS
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For a communication process to be effective, we first had to focus on the
following areas:
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Identifying the current source of institution email:
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What departments are sending email?
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What is the content of those messages?
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How are the messages being sent?
With our chosen method of sending email through Colleague:
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Do the folks identified above have the training to follow a CAN-SPAM process?
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Are there email lists being maintained outside of Colleague entirely, and how are
those brought back into the system?
Coeur d’Alene, Idaho
NWEUG
2015
3. EFFECTS
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For a communication process to be effective, we first had to focus on the
following areas:
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Colleague in general
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Is Colleague able to maintain and apply an opt-out list?
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How do our email producers functionally use that list?
Name and address hierarchies within Colleague
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Once the rule is developed, which hierarchies is it attached to?
Coeur d’Alene, Idaho
NWEUG
2015
4. SETTING UP AN OPT-OUT PROCESS
IN COLLEAGUE
Consider using the section header slide as you transition from one
topic/agenda item to the next.
Coeur d’Alene, Idaho
NWEUG
2015
4. SETUP
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Because we would like everyone on campus to use Raiser’s Edge
or Colleague’s communications management, we decided that
using the Name & Address Hierarchy was the most inclusive on
the Colleague side.
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We do have someone that is working on the Raiser’s Edge piece
Coeur d’Alene, Idaho
NWEUG
2015
4. SETUP
Write a rule in RLDE - I called
mine - Email Opt Out
Connector – EVERY
Left-hand Expression –
MAIL.RULES
Relation – NE
Right-hand Expression – “NE”
Coeur d’Alene, Idaho
NWEUG
2015
4. SETUP
 Because we are writing this
for email only, we can leave
out all the fields that don’t
pertain to the emails.
 We only are using the
CANSPAM rule for secondary
or personal emails right now.
 This can be attached to the
PREFERRED name & address
hierarchy easily.
Coeur d’Alene, Idaho
NWEUG
2015
4. SETUP
 In NAE, in the Mail Codes
field, you will find the rule
that you wrote.
Coeur d’Alene, Idaho
NWEUG
2015
SESSION SUMMARY

Summarize the key points you want your learners to remember
Coeur d’Alene, Idaho
NWEUG
2015
QUESTIONS & ANSWERS
Coeur d’Alene, Idaho
NWEUG
2015
THANK YOU!
Mark Kremkow - [email protected]
Tamera Davis – [email protected]
Coeur d’Alene, Idaho
NWEUG
2015