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What Is Spam?
February 17, 2015


Employee Rights News You Can Use


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Date February 17, 2015

Issue #70


My prayer is that You and YOUR family continue to have a blessed, safe and prosperous in 2015!!




I asked the question is Facebook dying for several reasons. If you like me are only interested in social media for employment or to promote and grow your business check out the following...

FaceBook as a platform for employment and business may indeed be on the way out. Why?

1) FaceBook is reported to have made about $7 billion last year from advertisements. But, users received $0!
2) There's a new player on the block that share's 90% of revenue made with it's users while keeping just 10% for themselves!
3) This NEW player has only been around since October 2014 and just recently passed the 2 million member mark!
4) This NEW player REALLY PAYS for relevant, actionable content generated by its contributors!
5) This NEW player monetizes ALL your social content!

This NEW player is called TSU.
This NEW player is for REAL!

Here's my Press Release...

Here's the followup Press Release...

You can ONLY join by invitation...

Invitation Links





As employees and business owners we know how important communication is. The internet as it relates to business was in it's infancy in the mid 1990's. So was the concept of email. I remember in 1997 looking forward to seeing what was in my email inbox.

The explosion of the internet for business as well as everything else has changed the landscape for email communications as well. Which in turn has created the reality of what's been dubbed "SPAM". The following questions have never been more relevant...

Do We Truly Understand What Spam Means?
Have You Ever Been Accused Of Sending Spam or Being A Spammer?
Have You Ever Accused Someone Of Spam?

I spent considerable time and thought into writing this article because of the controversial nature of the subject. However, it was one I believe NEEDED to be written.

Has the phenomenon called "SPAM" been misapplied, misdiagnosed or misinterpreted? Please watch this short video before continuing with the article...

One folksy definition for SPAM is called...


Because of the explosion in online communication and traffic the last 20 years, email traffic has likewise proliferated enormously! As with almost every other area of the internet experience, a TRUE and CLEAR understanding of what constitutes spam has become what's in the "eye of the beholder" or more appropriately, in the "eye of the inboxholder".

Let's look at the technical definition of spam:

An electronic message is "spam" if...

(A) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients;
(B) the recipient has not veritably granted deliberate, explicit, and still-revocable permission for it to be sent.

An electronic communication is spam ONLY when it's BOTH unsolicited AND in bulk.

An Unsolicited email example:
A "blind" list of email addresses used for "first", and "unexpected" contact.

Bulk email examples:
Customer/client communications, subscriber lists, discussion lists

BOTH conditions A and B have to be ACTIVE for the email message to universally be accepted as SPAM. As a result of not understanding these two conditions many internet and email users have created their own concept of what is "spam".

Spam is an issue of CONSENT, not CONTENT or FREQUENCY!

A clear and concise understanding of the SPAM concept involves making a distinction between...


Spam is a function of CONSENT
Spam is NOT a function CONTENT
Spam is NOT a function of FREQUENCY

So the ultimate key to what is SPAM is whether the communication is UNSOLICITED versus UNWANTED. Which brings me to the OPT-IN!

There's been a lot of MISUNDERSTANDING and CONFUSION about this. If I or you agree to send and receive electronic communication from each other this becomes in effect a MUTUAL CONSENT CONTRACT. Depending on the terms of the agreed communication both partners ACCEPT and EXPECT to be contacted.

The use of "squeeze" pages is a common and accepted form of OPT-IN online. I agree to provide an email address or other info in exchange for some benefit such as a free report. Other forms of OPT-IN can be as a member of some online community by agreeing to "friend", "follow" or "associate".

The content is irrelevant if I've OPTED-IN or AGREED to receive communication and is therefore NOT SPAM. For example, I have an interest in SEO (search engine optimization) and opt-in to receive info from a web site dedicated to SEO training. Then I receive emails not only about seo but email marketing, social media marketing, Photoshop training and more. Now those may be subjects I don't WANT or have NO interest in but the communication it is NOT spam. Why?

Because I agreed to open a channel of communication from the source.

THE FREQUENCY As I mentioned in the video I've been doing business online since 1997 and have seen how the concept of email has evolved or devolved (depending on your point of view ;0). In my opinion the issue of frequency of communication has provided the greatest opportunity for error concerning what is "spam".

Most online users when offered to OPT-IN to receive email communication are NOT asked on the front end "How often may I or we contact you". Why? Because MOST internet marketers believe the "money is in the list" concept. Therefore, they will shoot off an email to everyone that OPTED-IN to their list(s) whenever they have a new offer, relevant content, updates or a new product or service to sell or promote.

I'm on at least 12 different email lists of internet business resource providers and marketers I trust. I've also OPTED-IN to several internet communities by "friending", "following" or "associating" with members that send me emails almost daily. Is that SPAM? No. Why? Because I AGREED and THEY AGREED to exchange messages.

I do not send messages to my subscriber lists daily or even weekly. However, I wouldn't be spamming them if I did. Now credible internet marketers and their email auto-responders respect the guidelines of the CAN-SPAM ACT 2004. One of the guidelines of the ACT requires providing recipients a way to opt out of receiving future email and honor those opt-out requests promptly.

Quite frankly, even though I've received tremendous benefit from my trusted list of marketers, I don't want to hear from them everyday or every other day. However, if they contact every day or every other day they ARE NOT SPAMMING ME!

Why? Again, because I agreed to be contacted. Now I have the option to let them know the communication is too frequent. If they don't respect that and slack off then I can OPT-OUT of their list. But there's no justification for me to accuse them of "SPAMMING ME".

Different jurisdictions have initiated guidelines to control what they define as "spam". One particular example is US S.877 (CAN-SPAM Act 2004). Each jurisdiction deals with "spam" in diverse ways. As a result, many often come up with different definitions of what they cover, whether they call it "spam" or not.

In fact as the issues of what constitutes spam continues to play out, I'm VERY CAREFUL about accusing someone of spamming me when I OPTED-IN to be contacted.Remember, internet law is also evolving or devolving (depending on your point of view ;0).

Blindly accusing someone of "spam" may at some point become a legal issue such as breach of contract...who knows. I would not want to find myself on the wrong end of a potential internet slander or libel suit because I erroneously accused someone of "spam" which in turn caused them some tangible business harm.

Any and everyone doing business online MUST have a CLEAR understanding of what constitutes SPAM as it is presently universally defined. Just throwing that word at someone without education, explanation, clarification or justification can have many different and unexpected consequences to our businesses.

Because someone I opted-in, "friended", "followed", "associated" or "accepted" to exchange info with contacts me MORE frequently than I would like or with content than I would like or that doesn't INTEREST me is NOT SPAM. In fact now there is a NEW variation of "spam" called "SPIM".

"SPIM" is the unsolicited text messaging we are getting more and more of on our cell and smart phone devices. Again, the key is the word UNSOLICITED. Google has also displayed insight into the issue of what is defined as "spam". If you have a Gmail account it breaks down its' inbox email communication into these categories...

Inbox, Spam, Social, Promotions, Updates and Forums

That says to me Google is aware of the ever changing nature of email communication. There are also emerging issues of FREE speech versus defining what constitutes spam which are causing challenges for regulators of email communications.

The issue of SPAM continues to be controversial and can be emotionally charged for both the one called a "spammer" and the one believing they're being "spammed".

More info on this important subject can be found here...

Watching Your Employment and Business Back ;0) Regards,
Yancey Thomas Jr.
Basic Employee Rights eNewsletter Publisher


Employee Rights Educator, Coach, Trainer, Advocate, Internet Business Presence Consultant (coming soon!)


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Legitimate Online Jobs will show you how.





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Your Basic Employee Rights eNews is published the first week of the month, 12 weeks per year. From time to time we will publish special features that affect employees in the workplace. We may also offer third party resources that will be of benefit to you our valued subscriber.



Note: Any and all information provided within this Newsletter/Ezine is for educational and general information purposes only. It is NOT INTENDED as legal advice. Please review this specific disclaimer;


Written by Yancey Thomas Jr.


(c)copyright 2014


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