[plug] [OT] Australian Spam Act

[Alex Polglaze]

Simon Newton wrote:


> 
> He also told me that because it contains a working unsubscribe link and
> the identity of the sender, it is not classed as spam.
> 

This is correct. If you unsubscribe now and then they send you further e-mails, 
then they are in breach of the act. If you do not unsubscribe then that is 
implied consent.


>
> * Consent - either express consent, or consent may be inferred from your
> conduct and ‘existing business or other relationships’
> 
> * Identify - it must contain accurate information about the person or
> organisation that authorised the sending of the message
> 
> * Unsubscribe - it must contain a functional ‘unsubscribe’ facility to
> allow you to opt out from receiving messages from that source in the
> future
> 
> Obviously they are safe on the latter two, I'd really like to know what
> "inferred consent" implies. My guess is that its up to a judge to
> decide.
> 
> Anyway I've lodged a complaint with the ACA, with the number of
> complaints they must receive everyday, I doubt it will amount to
> anything though.

Probably pre-emptive, if the company removes you from their list then they have 
complied with all the provisions of the new law.
> 
> My feeling is that if the company is willing to put its contact details
> and ABN on the email either they're extremely stupid, or confident that
> they are within the law.

I have been unsubcribing and keeping a copy of my unsubscribe e-mail, so that I 
can prove my action should the need arise. So far, I have had no further contact 
from those that I have unsubscribed from.

Alex