Kee Hinckley wrote:
At 11:52 AM -0700 9/24/03, Bill Pease wrote:
This does not require double opt-in, nor does it even require
"positive action" by the consent giver. If I provide my email to
participate in a transaction, or to obtain a service, and text
indicating I will also be added to an email list is displayed in the
vicinity, this tacit form of opt-in can easily be construed to
constitute "direct consent."
As much as I'd love confirmed opt-in to be a requirement, the fact is
that too many subscribers just don't get it. It's not going to happen
(do you require it of your customers?). This is certainly the strongest
opt-in statement I've seen in legislation, and orders of magnitude ahead
of the federal laws, which all specify opt-out. I don't think it's
going to get any better.
Having a set of standard protocols and formats for exchanging consent
can provide usefull tools for an audit trail. In theory, an audit trail
providing a record of a consent exchange transaction using these formats
and protocols, might be an effective method for proving opt-in. BTW, the
consent framework is available at:
http://www.solidmatrix.com/research/asrg/asrg-consent-framework.html
Yakov
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