By Howard Fienberg, CMOR's Director of Government Affairs

“Spam” (or unsolicited commercial e-mail) continues to rise, but people are less annoyed by it, according to a recent telephone survey conducted by the Pew Internet and American Life Project (see link to study at the end of this article). CMOR recommends that researchers take this opportunity to redouble their efforts to avoid being mistaken for spam.

What the Public Thinks About Spam
Eighteen percent of respondents in the Pew Study said spam is “a big problem,” versus 25 percent complaining of that three years earlier. Some 37 percent of users are receiving more spam in their personal e-mail accounts than before, and 29 percent cited increased spam at work. Two years ago, 28 percent of respondents reported getting more spam at home, and 21 percent did at work. The survey also indicated that e-mail users are learning how to better cope with spam, with 71 percent using filters offered by their e-mail providers or employers, up from 65 percent two years ago.

The Law
The federal e-mail law is the CAN-SPAM Act, which applies primarily to those who distribute commercial e-mail messages (sales-related e-mails). Survey researchers who are recruiting or inviting respondents to participate in a survey are not legally required to abide by the CAN-SPAM Act since recruiting for and taking surveys are not commercial or sales activities.

However, as a best practice, CMOR encourages researchers to include opt-out notices in all e-mail distributions, regardless of whether the message is commercial or non-commercial in nature.

Beyond the Law – Spam Filters
Spam is unusual in the sense that it is not always a human being making the decision about whether or not a survey research project reaches them. This is unlike fax laws or ”Do Not Call” rules in which an actual person decides whether or not to work with a researcher. Often a spam filter makes the decision without the awareness of the computer user.

When working in the online realm, CMOR offers these hints on how to avoid having the appearance of spam. These points are based on the contributions of Bill MacElroy, President of Socratic Technologies, Inc. and member of CMOR’s Government Affairs Committee, as published in American Demographics:

• Don’t use populated blind carbon copy (BCC) or bulk mail fields, as this is often predictive of spam.
• Messages containing HTML, or graphics content, will be filtered out as spam more frequently than text messages.
• Try to avoid the color red; it seems to trip spam filters.
• Stay away from subject line keywords that are “sales-y,” such as offer, free, cash, bargain, win, promo, reward, or marketing.

Conclusion
Researchers using e-mail to solicit business or sell goods or services are bound by CAN-SPAM Act requirements. All researchers should subscribe to the best practices noted above.

Researchers should also remember that there are numerous state laws regulating spam. Although the laws concerning commercial e-mail messages are not applicable to survey research; laws in some states, like Connecticut, do apply to the sending of bulk e-mail, regardless of their content or purpose.

For researchers who wish to learn more about how to best comply with e-mail laws at the state, federal and international level; CMOR recommends the online research component of the new CMOR Compliance Guide. Researchers who want to learn more about how respondents view email contact methods and taking surveys by e-mail should check out the CMOR Research Profession Image Report.

Links:

• Pew Study, May 2007: http://www.pewinternet.org/pdfs/PIP_Spam_May_2007.pdf
• CMOR Compliance Guide: http://www.cmor.org/cg
• CMOR Research Profession Image Report: http://www.cmor.org/rc/studies.cfm
• IMRO Guidelines for Best Practices in Online Sample and Panel Management: http://www.imro.org/pdf/IMRO%20Professional_Standards_for_Online_Research9_06.pdf