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RE: [Asrg] Implicit Consent (was: Another criteria for "what is spam"...)

2003-06-05 13:08:24
At 07:59 -1000 on 2003-06-05, Peter Kay wrote:
However that also means that if you tell Verisign "stop" and they still
keep sending, its UBE.  If Verisign ever sends you messages about their
products without ever receiving implied or explicit consent from you,
its UBE.


I believe there is no way to safely manage "implied consent" for BE
streams.  Consent for such needs to be explicit.


It also means that if, on the signature of your email, you EXPLICITLY
state you do not want to receive any bulk email, and they ignore that
EXPLICIT request, its UBE.


I think that's where your implicit consent assumption falls apart.
Everyone would put a "no BE" statement in their .sigs if it were going to
work to prevent slamming into BE streams. [1]

The reasonable assumption made when sending email is that responses will be
topical and will not, unless explicitly requested, involve a stream of BE.

"Implied consent" interpreted overly broadly, such as allowing the sender
to assume some kind of signup for BE after receiving any mail, inevitably
leads to spamming.

If I don't explicitly and knowingly sign up for a stream of BE, then it's
UBE regardless of what the -sender- claims.


Richard

[1] For example, the one I include on mail to vendors didn't work against
Verisign, or NetLux, or Thawte-pre-Verisign, or...
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