Subject: [Asrg] 5.b. Opt out ? EC / UK govt proposals == Strict Opt in?

From: "Jon Kyme" <[email-masked]>
Date: Fri, 28 Mar 2003 11:50:09 +0000

I'm sure many people have seen this:
http://www.dti.gov.uk/cii/regulatory/telecomms/telecommsregulations/comms_d
pd.shtml

So if you have, please ignore.

The EC Directive (annex 1) requires
<quote>
40) Safeguards should be provided for subscribers against intrusion of
their privacy by unsolicited communications for direct marketing purposes
in particular by means of automated calling machines, telefaxes, and
e-mails, including SMS messages. These forms of unsolicited commercial
communications may on the one hand be relatively easy and cheap to send and
on the other may impose a burden and/or cost on the recipient. Moreover, in
some cases their volume may also cause difficulties for electronic
communications networks and terminal equipment. For such forms of
unsolicited communications for direct marketing, it is justified to require
that prior explicit consent of the recipients is obtained before such
communications are addressed to them. The single market requires a
harmonised approach to ensure simple, Community-wide rules for businesses
and users.
</quote>

The UK draft regulation proposes:

22.1.b 
<quote>
Except in the circumstances referred to in paragraph (3), a person shall
not transmit, or instigate the transmission of, unsolicited communications,
for the purposes of direct marketing, by means of electronic mail, unless –
the recipient of the electronic mail has previously notified the sender
that he consents for the time being to such communications being sent by,
or at the instigation of, the sender for direct marketing purposes; and
</quote>

and
A subscriber shall not permit his line to be used in contravention ...

Now IANAL but that looks like it seeks to make spam *transmission* illegal
in the UK

The draft also provides for the "voiding" of contracts inconsistent
with the regulations.

Good huh?

--
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---

From: Kee Hinckley <[email-masked]>
Date: Fri, 28 Mar 2003 10:38:20 -0500

At 11:50 AM +0000 3/28/03, Jon Kyme wrote:
>for the purposes of direct marketing, by means of electronic mail, unless ñ

Lacking there is a requirement for the sender to provide evidence of consent.
-- 
Kee Hinckley
http://www.puremessaging.com/        Junk-Free Email Filtering
http://commons.somewhere.com/buzz/   Writings on Technology and Society

I'm not sure which upsets me more: that people are so unwilling to accept
responsibility for their own actions, or that they are so eager to regulate
everyone else's.
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