__/ [rf] on Friday 16 September 2005 11:14 \__
> Roy Schestowitz wrote:
>
>> You might be missing the point here. The big question, in practice, would
>> be: did the customers voluntarily subscribe?
>
> Over here the spam laws are very harsh. The customer must take voluntary,
> direct and knowlegable action to opt *in* to marketing email (which is
> quite legal).
>
>> Were they subscribed 'by default'?
>
> Illegal over here. The customer *must* take a specific action to
> subscribe. Subscription by default, without direct knowlegable action, is
> not allowed.
>
>> Was opting out something that their poor eyesight prevented them
>> from doing?
>
> Illegal over here AFAIK. One must *opt in*. Having to tick somethng
> obscure to opt out is not allowed. In any case an obfuscated opt out is
> irrelevent. The customer must not have been opted in by default in the
> first place.
>
> The BIG word in the leglisation over here is "unsolicited". Did the
> customer *knowingly solicit* the email by taking a specific action to
> cause the email to be sent, for example ticking an opt in checkbox? If not
> then it is unsolicited and is therefore spam and so, illegal.
>
> Cheers
> Richard.
Up until recently I thought you lived in Australia. I now come to discover
that you don't live in Australia. You live in heaven!
Meanwhile, we leave in a haven.
Roy
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