In free societies, you don't need advance consent to communicate with
somebody else. Consent can be rescinded, as in "go away" but it is always
on by default.
Arrgh - freedom of speech! interesting field - look out for cowpats.
You may not need advance consent to attempt to initiate a communication.
A: "Knock, knock..."
But for the communication to proceed consent is required...
B: "Go away"
And since, on the internet, there is _no_ communication without use of the
private property of the other party to the communication, it means you
don't
need advance consent to use somebody else's property to communicate with
them. We have declared many times we don't have a right to be annoyed,
only
a right not be harassed.
That's a non sequitur. You might just as easily turn it around: Because you
don't have a right to
use someones private property without their consent, you don't have a right
to communicate with them.
I can't believe that there's anywhere where my right to "free speech" gives
me the right to stage a political demonstration in your kitchen.
This is not a profitable line of argument.
To define communication without advance consent as some sort of offence
would turn our definitions of a free society and an open communications
system
upside-down. If somebody gave you a URL, you could not click on it without
knowing if the web host consented to you clicking on it. If you got a
referral
where I told you to e-mail my friend, you could not mail him for fear you
did
not have his consent. And If I want to mail you to flame you about how
stupid
the opinion you posted on your web site is, well, who would suspect you
give
your consent to be flamed?
In our society you can, by default, go up to somebody on the street and
talk to them. That is sometimes annoying, but it's a right we actually
fight hard to protect. You can send them postal mail, without their
consent.
It is always assumed to exist in advance. It can be rescinded -- through
restraining orders, harassment charges, blockages at the post office etc.
but
it is always on by default. People can even come onto your private land to
come to talk to you unless you explicitly mark it no trespassing.
So because consent would be incredibly difficult to define, and it's a bad
idea
to bring it into the spam definition, I respectfully submit that other
courses should be followed.
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