"Peter Kay" <peter(_at_)titankey(_dot_)com> wrote:
> A recipient implicitly approves of receiving email from a given
> sender if the recipient has previously sent email to the sender
> and the recipient has not explicitly requested to not receive
> further email from the sender.
This over-simplifies matters. You can't simply ask if there is implied
consent to receive email generally - you have to ask if there is implied
consent to receive a particular message with all the attributes of the
particular message received.
This brings us back to the example of an open store. There is implied
consent to enter for the purpose of browsing or buying, but if you enter
for the purpose of robbing, then your entry is legally a trespass. If you
enter wearing a sandwich-board advertising a nearby competitor, your entry
is a trespass.
Generally, sending somebody a message isn't generally not going to create
new implied consent for a message that was not already within the scope of
the implied consent that arises just by having an accessible email address.
--
Troy Rollo Chairman, CAUBE.AU
asrg(_at_)troy(_dot_)rollo(_dot_)name Executive Director,
iCAUCE
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