Wednesday, 3 December 2003

Clarifying my position on opt-out

Some feisty discussion has broken out in the comments section of my blog post where I summarized and explained some features of the CAN-SPAM Act. I have been accused of favoring an opt-out system over opt-in. This is probably my fault for overstating my position as a reaction to most people's knee-jerk favoring of opt-in.

I do not favor opt-out in all its manifestations — I just think that most people decide to favor opt-in without considering the issues thoroughly. There are serious free-speech problems with the government mandating a regime that forbids a certain type of speech to be distributed in a certain channel. Those problems are reduced (although not entirely eliminated) by an opt-out regime that provides consumers with an en mass opt-out mechanism like a do-not-spam registry. The problems are further reduced the more fine-tuned the en mass mechanism becomes. The present FTC/FCC do-not-call registry is a blunt instrument, requiring consumers to choose all or nothing.

Someone may yet convince me that opt-in is the way to go; but, until that happens, I choose to err on the side of free expression.

Posted at 10:35:05 AM | Permalink

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Topics: Civil Liberties, Politics, Privacy, Spam, Technology
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