The Holidays Were Not What I Expected, Especially When You Experience the Truth Of the Old Saying, "No Good Deed Goes Unpunished!" I am not a complainer or a whiner, but when you are trying to do for the world, it is a slap in the face when someone goes out of their way to make your life miserable during the holidays.
The purpose of this email series is to help people understand the "Can Spam Act" through an unfortunate experience I had around Christmas. Through a series of emails I exchanged with a internet guru, it is clear not everyone understands the restrictions and implications of sending unwanted email, even if someone gave you their business card. The goal is to clarify the true meaning and intent of the Can Spam Act that came into law January 1, 2004, not to indite the individual who responded in such an irritated and unfriendly manner.
----------------------------------------------------------------------------------------------------------------------------------
This is my initial email that I sent to all the people I have met at the internet seminars since 2002, individuals who gave me their business cards with their name, phone number, address, email address and website on them. Naturally I assumed it was okay to contact everyone who gave me a business card that might be interested in seeing the Gary Halbert memorial and farewell party videos or at least knowing they were available free on youtube.
The Halbert family, after almost 7 months, finally decided to let me put up the videos and photos I shot at the event in May 2007 so that interested parties might come to better understand Gary, one of the most flawed human beings ever on the face of the planet, but also one of the greatest copywriters.
Few realize that true genius travels a precarious line between brilliance and insanity. Often, the mood swings vacillate without warning and there is know way to really tell if the persons actions are those of a true genius or someone who it totally deranged.
I believe that at times we are all certifiably insane...depending on what is happing in our lives, especially when we are drinking heavily, tired, taking too many prescription drugs and/or indulging in mind and attitude altering illegal drugs. Gary Halbert's life is a lesson in extremes that we can all benefit from.
His life is similar to a Greek Tragedy. Gary often said, "A civilization advances on the backs of its neurotics." In Gary's case, how true! He explored the extreme realities that border on the "Twilight Zone." People either loved or hated him, and often both. One thing for sure is that he as a person and his copy were NEVER BORING!
Gary was never afraid to tell you what he perceived as the truth, whether you wanted to hear it or not. It did not matter whether you agreed or not. He called a spade a spade and infuriated many people by exposing their glaring weaknesses that were hidden with their social facade. Gary was a TRUTH TELLER but not very diplomatic.
-----------------------------------------------------------------------------------------------------------------------------------------
On Dec 22, 2007 6:59 PM, Ralph Zuranski < rzuranski@cox.net> wrote:
Dear Friend,
It is not a threat.
If my sending you an innocent email
has received such a hostile response from you,
I only want to spare all my friends and heroes from
your wrath and help them avoid the
same mistake I made.
After all, I know you and you know me.
This is the first email I have ever sent you in four years.
I only sent the email to people I thought were friends.
If your vitriolic response is indicative of how you respond to people
who have gone out of their way to be or service to you,
then all my friends need to be forewarned so they do not
interrupt your solace or be excoriated for a simple mistake.
Spam is sending emails to someone you don't know or who does not want
your email. If you had not given me your card, then I never
would have contacted you.
If you did not appreciate me sending
you your photos from the big seminars, then you should have
let me know. I never would have bothered you.
If you are intent on punishing me for a goodwill gesture,
then I need to warn everyone I know not to send you an
email. They surely do not want to suffer the same threat of
punishment you have inflicted on me.
Sincerely yours,
Ralph Zuranski
Ralph Zuranski
In Search Of Heroes Program
Heroes and heroines rise up.
The world needs you NOW!
3639 Midway Dr. Ste. B299
San Diego, CA 92110
619-990-9492 cell
619-819-5533 office
wwww.insearchofheroes.com
rzuranski@cox.net
===================================================================================
From: Friend
Sent: Saturday, December 22, 2007 8:16 PM
To: Ralph Zuranski
Subject: Re: gary halbert memorial and farewell party videos
Ralph,
did not read.
do not send ANY MORE EMAILS.
I am copying my lawyer on all of these.
Good bye.
Go read the spam laws
=====================================================================================
Here is the Can Spam Act
Here's a rundown of the law's main provisions:
* It bans false or misleading header information. Your email's "From," "To," and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
* It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
* It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
* It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
Penalties
Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising.
Additional fines are provided for commercial emailers who not only violate the rules described above, but also:
* "harvest" email addresses from Web sites or Web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email
* Generate email addresses using a "dictionary attack" – combining names, letters, or numbers into multiple permutations
* Use scripts or other automated ways to register for multiple email or user accounts to send commercial email
* Relay emails through a computer or network without permission – for example, by taking advantage of open relays or open proxies without authorization.
The law allows the DOJ to seek criminal penalties, including imprisonment, for commercial emailers who do – or conspire to:
* Use another computer without authorization and send commercial email from or through it
* Use a computer to relay or retransmit multiple commercial email messages to deceive or mislead recipients or an Internet access service about the origin of the message
* Falsify header information in multiple email messages and initiate the transmission of such messages
* Register for multiple email accounts or domain names using information that falsifies the identity of the actual registrant
* Falsely represent themselves as owners of multiple Internet Protocol addresses that are used to send commercial email messages.
Additional Rules
The FTC will issue additional rules under the CAN-SPAM Act involving the required labeling of sexually explicit commercial email and the criteria for determining "the primary purpose" of a commercial email. Look for the rule covering the labeling of sexually explicit material in April 2004; "the primary purpose" rulemaking will be complete by the end of 2004. The Act also instructs the FTC to report to Congress in summer 2004 on a National Do Not E-Mail Registry, and issue reports in the next two years on the labeling of all commercial email, the creation of a "bounty system" to promote enforcement of the law, and the effectiveness and enforcement of the CAN-SPAM Act.
See the FTC Web site at www.ftc.gov/spam for updates on implementation of the CAN-SPAM Act.
The FTC maintains a consumer complaint database of violations of the laws that the FTC enforces. Consumers can submit complaints online at www.ftc.gov and forward unwanted commercial email to the FTC at spam@uce.gov.
==========================================================================================================================