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RE: [Asrg] criteria for spam V2 (was: Implicit Consent (was: Another criteria for "what is spam"...))

2003-06-05 14:28:37
You emailed the text right out of my keystrokes :) 

I agree: there is no such thing as implicit consent to receive bulk
email. So therefore the updated definition goes like this:


Spam is defined as unsolicited bulk email, or UBE

Bulk email is defined as the transmission of 2 or more emails via a
primarily automated process.

Unsolicited email is defined as email where the recipient has not
explicitly approved of receiving bulk email from the sender.

Sender can mean an individual or an organization.

In summary, UBE means:

The transmission of multiple emails via a primarily automated process to
recipients that have not explicitly approved to receive such emails.

OK gang, fire away.

Peter
www.titankey.com





-----Original Message-----
From: Richard Johnson [mailto:rdump(_at_)river(_dot_)com] 
Sent: Thursday, June 05, 2003 9:53 AM
To: asrg(_at_)ietf(_dot_)org
Subject: RE: [Asrg] Implicit Consent (was: Another criteria 
for "what is spam"...)


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, 
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