WASHINGTON -- The overall tone of a panel yesterday on mobile marketing stressed care with the emerging medium over issues such as permission, legislation and multichannel integration.

Organized by the Direct Marketing Association and law firm Venable, the wireless/mobile/email session at the Law & Policy: Year in Review conference also highlighted the growing potential of mobile for marketing and non-marketing purposes.

"Mobile is here," said Leland R. Kroll, president of Kroll Direct Marketing. "A lot of traction and interest is growing.

"The one area that really needs quite a lot of development is clarification in the marketplace," he said. "DMA and MMA regulations state that any type of content should be relevant. Currently there is a 6 to 12 percent open rate on mobile. What we don't want is for any type of mobile use to be synonymous with email."

Mr. Kroll was on the panel with Chris McNeilly, vice president of technology at newsletter publisher SmartBrief, Washington; Jordan Cohen, senior director of corporate communications and government relations at Epsilon, New York; and Mickey Alam Khan, editor in chief at Mobile Marketer, New York.

Stephanie Miller, vice president of strategic services at Return Path Inc., New York, moderated the session that was attended by lawyers, technologists and marketing executives.

Mr. Cohen emphasized safe practices with email and Mr. McNeilly highlighted the technology issues with newsletter publishing and his company's approach. Mr. Alam Khan worried over technology issues and differing standards as well as the potential for government intervention if the industry fails to self-regulate.

"Marketing is low-hanging fruit for politicians," Mr. Alam Khan said.

He referred to a mobile campaign that BMW ran earlier this year for its BMW 3 convertible. Short codes on airport billboards drove enquiries to local dealers, thus making the mobile campaign an ideal lead generator. (Read more here)

Ms. Miller cited sandwich chain Quiznos' experience with mobile.

"Quiznos has really embraced the mobile channel," Ms. Miller said. "Consumers can text Quiznos to find out where the closest shop is, order lunch and play games. Lunch is a very social activity."

Quiznos is tapping into that mentality and getting personal with the consumer.

"What do you always have with you while you're walking about? Your mobile device," Ms. Miller said.

"At the end of the day, you have to listen to consumers," Ms. Miller said.

The panelists agreed that for mobile to be successful you have to be respectful of the consumer.

"We are very nervous about text content," Mr. McNeilly said. "We have to be sure we're saving people time by sending texts.

"From radio to television to phone to Internet to mobile -- every move along that line has been riskier, but has higher rewards," he said. "The risk becomes ever greater when you are dealing with shorter attention spans. With mobile we have to be very clear and careful."