[plug] [OT] Australian Spam Act

Bret Busby bret at busby.net
Wed Jun 23 09:40:51 WST 2004


On Wed, 23 Jun 2004, Alex Polglaze wrote:

> 
> 
> 
> 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
> 
> 

It is my understanding that replying to a spam message, by "clicking on 
the unsubscribe link", confirms that the email address from which the 
unsubscribe request is sent, is a valid email address, which is then 
onsold to other spammers, for use by them, hence, the declassification 
by the feral government, of spam, on the basis that a spam message 
includes a "working unsubscribe link", appears to me,to indicate that 
the feral governmnet has formally approved and legitimised the sending 
of spam messages, and, the denial of service, imposed by excessive spam 
(we have been subject to an average of about 4000 spam messages a day, 
for quite some time, now, and, due to what is involved with dealing with 
the spam, it is basically an ongoing denial of service attack).

Thus, it appears to me, that the feral government is guilty of computer 
crime, by assisting in denial of service attacks.

-- 
Bret Busby
Armadale
West Australia
..............

"So once you do know what the question actually is,
 you'll know what the answer means."
- Deep Thought,
  Chapter 28 of 
  "The Hitchhiker's Guide to the Galaxy:
  A Trilogy In Four Parts",
  written by Douglas Adams, 
  published by Pan Books, 1992 
....................................................




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