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Homepage --> Spyware and More Federal Legislation Send this article to a friend.

Spyware and More Federal Legislation

Prediction #1 from NPAdvisors for 2004 was that, in spite of the enactment of CAN-SPAM regulations, spam would increase. Prediction #2 was that, in spite of the failure of legislation to restrict spam, Congress would not be deterred, but would continue to look at new forms of regulation. We’re sorry to say that both predictions appear correct.

Congress is now considering legislation which would make some applications of “Spyware” illegal. Basically, Spyware is software that runs in the background on people’s computers, snooping on the user and reporting their activity to the firm that placed the spyware. Spyware usually gets attached to apparently free and benign programs like desktop weather programs.

As nonprofit marketers reach for new ways to attract online viewers, they will come across opportunities that may cross a line of ethical behavior. It is important to them to adhere to their organization’s overall ethical guidelines, even though those guidelines probably have no specific guidance for the rapidly expanding online opportunities available to an internet fundraising manager.

Here are two opportunities to gather information and help you make a decision about how you will pursue online marketing.
First, the Direct Marketing Association of Washington (DC) is hosting a Spyware Legislative Forum on Tuesday, Nov. 9. Representatives of both sides will be there to discuss the spyware problem and the merits of the proposed legislation. For more information, go to www.dmaw.org/events.

Second, NPAdvisors.com has drafted a set of guidelines for ethical online fundraising. We found that the existing online ethics guides for nonprofits are at least two years old, and they focus mostly on donation processing and customer service, not on online marketing. Please feel free to download and share a copy of our draft document at www.npadvisors.com/NewContent/100400.asp, and please provide your feedback on how useful it is in your work. A final version will be published when all feedback has been evaluated.

October 2004

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