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Published by JPE Advertising

Volume 1 - Issue 114 - Monday, October 27, 2003

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What A Day!
The Weather's grand all over the net.

Welcome to The WebPro Times. The ezine where business people, opportunity seekers, entrepreneurs and professional marketers meet.


Our Format for the WebPro Times is:

--> Editors Article
--> Guest Article (as they are approved)
--> Janes Jingle
--> Contest of the Day (win prizes)
--> Smart Tip of the Day
--> Smart Resources of the Day
--> Smart Fre.ebie of the Day
--> Continuing Saga of J and P (NEW - listen in)
--> Feedback

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Spam. The word is enough to put fear in the hearts of all who ever send out mailings on the net.

As ezine owners and as safelist host owners, Phil and I have a constant battle going with ISP's all over the net getting them to unblock all our lists which they routinely block over and over again not withstanding the fact that we have never spammed anyone in our lives.

Every couple of days we need to contact ISP's all over the universe with an
explanation that all of our lists are double opt in lists and that everyone on them has agreed to receive mail and ya di da. We feel like a broken record sometimes.

I call it the never ending Spam saga where the players are always the same, the lines the same and the actions the same. We do get our lists unblocked only to find that some lulu who has actually signed up to one of lists and verified their email address has cried spam and zippo back onto the blocked lists we go until our next letter which gets us unblocked.

No one seems to be able to adequately defined spam.

Spam seems to be in the eye of the beholder and is now being defined all
over the world as "unwanted email".

Hmmm this seems to be a very slippery slope.

What is someone's unwanted email is someone else's best read of the day.

Nevertheless, politicians from Australia to The United States are now all hoping on the bandwagon and wringing their hands trying to find a way to block "unwanted emails" which they loosely call Spam.

The British want to pass laws that have people opt in. The Americans want to pass laws that have people opt out. The Australians want to feed all email to crocodiles and the rest of Europe has not made up their mind what they want to do. We do know one thing. They are all either doing something about "unwanted email" right now or will be doing something in the very near future.

Most of them don't know what the heck they are talking about but that will ultimately make no difference. They will pass laws to satisfy their constituency and we will have to know them inside and out and obey them and factor them into our business models whether we like it or not.

No use railing against them. Learn what the new laws are and start planning how to incorporate them into your business.

We have a partner, John Glube, who is always up on the latest laws affecting the internet marketing business. When John speaks we listen So rather then me going on about the new laws, we'll let John tell you about it our main guest article this week.

Please pay attention to it. Read and reread it. This will affect your business and you need to know it.


For our new readers: You should know: We always end our articles with a jingle to emphasize the point. You can capture the essence of our articles in the Jane's Jingle section every week.

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Jane's Jingle is the summary and conclusion of the editors article and
generally captures it's essence so if you need to cut to the chase, you can always skip straight to the jingle :-)


What is spam I would like to know?
Its unwanted email that continues to flow.
It doesn't really matter what you say
The politicians will have their way.
Change your ways while the time is right
This is a new wave you cannot fight.
You can spend all your time ranting and raving
But London and Washington, they ain't caving
So read the laws and anticipate what's coming
That's the way to keep your business humming.

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"September 24, 2003, A Day Of Infamy"
by John Glube, of Head's Up - A Copywriter's Journal

Why? On that date, former Governor Gray Davis of California signed a law which caught many in the online marketing community by surprise.

The surprise? This new law bans the sending of commercial e-mail advertising within, from or to California, unless you have either "express direct consent" or "a pre-existing or current business relationship."

Do you have a disclaimer on your web site, next to your sign up form stating for example, "by signing up to This E-Zine you give express consent to This Ezine and to any third party advertisers who may run advertising in This E-Zine to receive in house and third party advertising from This E-zine's publisher."

Because, if are not covered, the new law allows individuals to go after both the sender and the advertiser. The Courts can impose penal awards of up to $1,000 per e-mail and up to $1,000,000 per incident, plus actual damages and attorney fees. And best of all?

It is not a good defense to prove you took all reasonable steps to comply. Proof of this merely goes to mitigate the potential fines.

Concerned? Don’t panic yet. The new law does not go into force until January 1, 2004.

But, there is more to this little saga.

Over a year ago, the European Union issued a directive requiring member states to ban the sending of commercial e-mail advertising, unless you could show ... yep, you guessed it.

And when does this directive go into force?

October 31, 2003, unless you live in England and then the English regulations go into force on December 11, 2003.

Had enough? Ready to crawl under the bed? Well there’s more.

The Australians have also gotten in on the act. The Australian Government recently tabled legislation called the Spam Bill, 2003, modeled on the approach taken by the European Union.

Now, here is the rub. The Europeans acknowledge passing laws won’t stop spam. The Australians admit international co-operation is required. And as to California, Davis is out, the "Terminator" is in and the fun has just started.

In the meantime, what is the honest online permission based e-marketer to do, without cutting off his right arm and leg, while the online infrastructure crumbles, spammers continue to spam and the politicians continue to "grand stand?"

Recently, my friend Fran called. Let's listen in.

"Fran: John

John: Good to hear from you Fran. How are you doing?

Fran: Not bad, thanks. John, can you help me clear up a few things?

John: Sure, Fran.

Fran: John, I just finished reading your recent report "The Death Of E-Mail Marketing?" Good report by the way, but there are a few questions I have?

John: Fire away, Fran.

Fran: Okay, to help people out, I want to discuss how a publisher who runs an e-zine with subscribers from primarily the US, Canada, Australia and the EU should deal with all these "rules."

John: Sure.

Fran: As I was saying, S/He publishes a marketing ezine, or a site ezine with the goal of gathering customers. S/He sells outside (third-party) advertising. S/He may, or may not send solo ads, but we're going to assume that S/He does. The publisher has been publishing for some time and has subscribers
with a history of receiving h/his ezine. Are you with me so far John?

John: Just one question, Fran ...

Fran: What?

John: What’s an s/he?

Fran: John ...

John: Just kidding Fran.

Fran: Okay, now here are the requirements as I understand them to be in compliance with all these new rules, so our publisher can continue to operate as in the past:

He must get "express direct consent," meaning his subscriber must specifically ask to be put on his ezine list.

John: Yes and his subscribers must specifically agree to receive advertising from both the publisher (in house) and third parties (if you want to run solo ads, sponsor ads, and classified advertising.) as published or run by the publisher.

Fran: Good. And the publisher should post near the subscription process that the publication may contain advertising from third parties.

John: No. He should post near the subscription process that the publication may contain in house and third party advertising.

Fran: And the publisher can do this with a "check box" which must be checked before the subscribe form will process.

John: Sure.

Fran: If using double opt-in, the publisher could also put that "the publication may contain in house and third-party advertising" in the email that goes out explaining that the subscriber must reply to confirm. Confirmation would then prove the subscriber agreed. (This would be especially helpful for those who take subscriptions via an email request.)

John: A useful approach.

John: All subscriptions should contain a Name, as well as an email address.

John: Yes.

Fran: If the present subscribers never provided their name, should they be asked to re-subscribe?

John: Yes.

Fran: Do any of the new laws require "double opt-in" at any time?

John: No.

Fran: If a "check box" is used, or the subscriber is informed on the subscribe page that they will be receiving third-party advertising in the ezine, no double opt-in is required.

John: Fran, the issue is not double opt-in, but the nature of the relationship with your subscriber. Your statement should read:

To have proof of "express direct consent," either use a "check box" or ensure the subscriber is in essence informed on the subscribe page next to the subscribe form he or she will be receiving in house and third-party advertising in the ezine.

Fran: Okay.

John: You’re welcome.

Fran: Moving forward. It appears that in house advertising is not a problem. Is that correct?

John: Yes, but your subscription form should reference both "in-house and third-party advertising."

Fran: Thanks.

John: My pleasure.

Fran: If present subscribers never agreed to receive third-party ads, should they now be asked to agree, via a re-subscribe?

John: To run third party advertising in the future, Yes.

Fran: For direct request consent ezine subscriptions a toll-free number or an email address to unsubscribe is not required?

John: Your question should be for "express direct consent" not "direct request consent" and drum roll please ... because of two state laws, Arkansas and Kansas, the answer is ... you are required to provide a toll-free number or an email address to unsubscribe. (Boos and hisses can be heard in the background.)

Fran: Wise guy.

John: You’re welcome.

Fran: Keep - and back-up - all subscribe and unsubscribe requests.

John: Absolutely and keep your back-up off-site in case of a fire or other disaster.

Fran: And to be safe, since the Euro laws go into effect on October 31, 2003 should the changes be made prior to that date?

John: Yes, otherwise you could end up being Euro trash.

Fran: Thank you, John.

John: You’re welcome Fran, glad to clear up the fuzzification. By the way Fran?

Fran: What?

John: You know the California laws will likely be overruled by Congress ...

Fran: Yes, but who knows when Congress will get its act together.

John: And Fran, will you give people the link to the article on my web site providing them with more guidance and links to the actual legislation.

Fran: Sure. It's

John: Fran?

Fran: Yes, John...

John: Of course, you understand my answers are for information purposes only.

Fran: Understood. Yes, John, I know you are not a lawyer, just a business person with a law degree, each situation may vary and I need to talk with competent counsel to sort out the details for my situation.

Fran: John, You take care now.

John: Will do and you too as well."

Understand this conversation did not actually take place. Fran is not a real person.

However, the interview is based on an e-mail interview of me by JL Scott of iCop and recently published in iCop's newsletter "Just Good Business."

The Bottom line? With a few crucial changes in how you gather in subscribers and by carrying out some simple but prudent business practices, you can continue to run your business without the need to have your lawyer on "speed dial."

John Glube, Publisher and Editor of Head's Up, A Copywriter's
Journal. Not yet subscribed to the Journal? For the details, and
to get your Course "Discover How Anyone Can Get More Buyers"
as your reward and learn how you can place your 400 character
business to business ad:

Want to get noticed? Submit an article for review and if your article is just
what our readers need to hear, we will include it here in our guest experts
spot. Your articles must be on some aspect of online marketing that works.

Submit your articles here.

You could become quite well known.

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Contest Winners October 20 - issue 113

Last weeks question:

Who was the first Queen of England and how long did she reign?

First queen of England was Elizabeth I, she reign from 1558-1603.

This week we have two winners... We'll done folks...

Winner 1:

Maria Asberg - http://www.nutronix.com/happyface

Winner 2:
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This weeks question:

What internet Guru is a J.D. and recently released an ebook on internet law?

This weeks prize - One Free mailing to 10,000 contact email addresses.

Send your answers to...

Contest Rules: First correct answer we receive WINS!

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How to Set Up a Video Conference...

The easiest way to start a video conference with you family, friends or business associates is to use or download the free MSN messenger. You and your contacts will need to have a webcam and a microphone installed. Some webcam's come packaged with a microphone. The person at the other end also needs to have the free MSN messenger program installed.

Once you are both signed up, all you do is open MSN messenger, and click on the "add contact" link at the bottom of the window. Then you simply follow the prompts and enter each others email addresses. You should see you friends username or email appear in the window.

To start a video conference, you simply right click on their name or go to the "Actions" menu and select, "Start a web-cam conversation." Then you start talking. If you haven't done this before, a wizard should start configuring your camera, microphone and sound card for you. Make sure you read the instructions carefully and follow the simple directions.

That's all there is to it... No big deal. It's really quite simple. 

If you don't have MSN messenger installed you can get it here free:

If you don't have a hotmail email account either, you can get that here free:

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This week you can either read the continuing saga of J and P or you can listen in on it instead. We just thought you'd like to hear the unique mix of J's raspy, loud, New York Accent and P's softer, more laid back approach... Either way turn up your speakers and have some fun with us today...


yes J?

I've been asking you to define spam to me since the day we started working together. You told me that if people opt in to a list and can remove themselves from a list that sending them email is not spam.

That's right, J. It's not spam. They agreed to receive mail and they can
get off a list anytime they want with a remove link. This is not spam.

I don't know P, I don't think your definition seems to be holding up well. People are calling any email that gets sent to them that they don't want, spam whether they opted in or not. Half the time I don't think they remember if they opted in or not and they just cry spam.

Well they can cry spam, J, they can cry wolf or they can cry anything they want, but it is not spam if they opted it and agreed to receive mail from a list.

P, even if you are right and it is not spam, if it is perceived as spam what's the different? The politicians are all bent out of shape and they are going to call all unwanted email spam whether we like it or not.

J, You're right and it seems to me you have been keeping me up all night for the past couple of weeks getting our websites set up with all sorts of disclaimers to reflect the new law. I am disclaimered out right now.

P, do you think we should just go back to over the JPE Advertising website and check to see if we have met all the requirements of the new law?

What now, J. It's 4.00 a.m. in the morning.

Well, P when can we do it. We gotta check and make sure everything's up to


yes, P?

don't start...

Phil Basten & Jane Mark
Publishers - WebPro Times

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Web Pro Times is Published by
Jane Mark & Phil Basten
JPE Advertising

Australian Office (we are here now)
Suite 8, 9 Holdfast Promenade, Glenelg, South Australia
Phone: 618-8376-6086, Fax: 618-8376-6168

New York Office
736 Broadway, 4th Floor, NY, NY 10003, USA
Phone: 212-475-6001, Fax: 212-228-3819