[plug] [OT] Australian Spam Act

Bret Busby bret at busby.net
Wed Jun 23 13:12:08 WST 2004

Due to apparent difficulty in reading the message that I previously 
posted, I have modified it below, to make it more easily readable.

On Wed, 23 Jun 2004, Bret Busby wrote:
> 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, and that email 
may be sent to the email address to which the offending message was 

The email address from which the unsubscribe request is sent, and/or the 
email address to which the offending message was sent, is/are 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 government has formally approved and 
legitimised the sending of spam messages.

It similarly appears to me that the feral government has formally 
approved and legitimised 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.

I had previously understood that the feral government's anti-spam act, 
was to implement the opt-in, rather than the opt-out requirement, so 
that a person was required to take action to volunteer to receive 
advertising material, in order to receive that advertising material, 
rather than the people sending the advertising material being allowed to 
send the advertising material, as long as the victims are able to 
opt-out of receiving further advertising material, from the sender of 
the advertising material.

Otherwise, today, you call yourself Joe Bloggs Inc, sending the spam, 
and, then, when you have all of the "unsubscribe me" messages, tomorrow, 
you send to all of the addresses that resulted in the "unsubscribe me" 
messages, more spam, from you as Fred Dagg Inc, with the knowledge that 
you are sending the spam to addresses that will receive the spam. 
After all, it is a different business sending the spam, so you have 
not ignored the "unsubscribe me" messages. And, so the spam spiral 

Perhaps, Jeremy could clarify whether the feral government's anti-spam 
act, implements an opt-in, or, an opt-out requirement.

I note that the spam messages received here today, have slowed to about 
140 an hour.

Bret Busby
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 

More information about the plug mailing list