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Date: Fri, 25 Apr 1997 11:07:44 -0400
From: Jim Crowe <jcrowe@THE-DMA.ORG>
To: mustang@mcs.com, Bwientze@THE-DMA.ORG
Subject: Your email preference program -Reply
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Dear Mr. Zoes:

Thank you for your comments on the DMA*s proposed e-mail Preference Service. We are taking this proactive step to address the needs of consumers who want to receive less unsolicited e-mail. Rather than waiting to see how things turn out and hoping for the best, we have decided to be actively involved in developing solutions for the challenges the Internet offers. As both businesses and consumers help to monitor the use of e-MPS, we believe this solution will make a substantial difference.

To your point about our inability to affect the *fringe element* that is acting unethically in conducting business on the Internet....

In three separate reports issued by the federal government, it was concluded that the best way to regulate the Internet was not through government action. Instead, it was recommended that industry take the lead to meet the challenges that arise on the Internet. In the governments view, this developing medium, the need for flexibility is crucial. Creating rigid laws and federally mandated regulations would only serve to restrict the development.

Marketing is about meeting consumer expectations. Our members are moving very cautiously in using unsolicited e-mail. They and The DMA know that the consumer backlash caused by unsolicited, untargeted e-mail is severe, particularly among *traditional* Internet users, and is something any marketer who wants to stay in business wants to avoid. On the other hand, we believe that we can provide additional value to consumers by marketing via e-mail, perhaps in a more targeted fashion, because it is convenient, reliable, informative and a more immediate alternative to other media. The verdict on e-mail as an unsolicited marketing medium -- whether bulk or targeted -- still remains to be seen.

Unfortunately, there are those who will act unethically in any medium: mail, phone or e-mail. The use of these mediums to communicate and conduct commerce is non-the-less legitimate.

We believe that commerce has an important role on the Internet. The Internet -- a public medium -- should be for everyone. It should reflect our society. Very few question the right of free and open communication when it comes to political speech, or the speech of public interest groups, educational associations, or from an individual who is unknown to us. Commercial speech also provides value in the marketplace, and needs to be protected.

Sincerely,

Jim Crowe
Consumer Affairs