Yakov,
I do not believe it is possible for the other party to change my
consent decision.
What has changed here is that Yahoo has decided not to respect my
decision.
Incidentally, Yahoo's behavior is almost certainly in contravention
of the EU privacy directive. The commission are looking for someone to slap,
lets hope that they choose Yahoo.
And yes, the EU has no difficulty enforcing it decisions abroad.
Phill
-----Original Message-----
From: Yakov Shafranovich [mailto:research(_at_)solidmatrix(_dot_)com]
Sent: Friday, November 21, 2003 2:05 PM
To: ASRG
Subject: Re: [Asrg] 0. General - Yahoo decides to send spam
This brings to light an interesting question. Lets assume
that you had a
business transaction with someone but had explicitly denied
consent for
spam. And now the company goes ahead and changes your consent decision
like Yahoo did below. Does having a business relationship with Yahoo
implies implicit consent?
Yakov
Hallam-Baker, Phillip wrote:
So much for Yahoo being an aly in the figtht against spam.
This morning I
received a message from them which includes the following passages:
"Over the years, we've sent emails to some registered
Yahoo! members about
Yahoo! products and services. We've also delivered
promotional messages to
Yahoo! members on behalf of our marketing partners. When you first
registered with us and created your Yahoo! ID, our system
presented a single
"Yes" or "No" option for receiving all types of marketing
communications. At
some point you said "No," and after that we no longer sent
any of these
types of messages to you.
In March 2002, we began rolling out an updated marketing
communications
system. Instead of just a single "Yes" or "No" choice, we
created a new
Marketing Preferences page where you decide:
...
When this updated system was first announced in March 2002,
we told you we'd
begin sending you messages about Yahoo! products and
services across all
categories, even though you had said "No" to messages under
the old single
choice system. We also told you that you could still say
"No" to these
messages by visiting your Marketing Preferences. "
In other words, we know that you opted NOT to receive
marketting messages
from us, we collected the data from you under that express
understanding, we
now believe that we have the right to unilaterally change
the terms of that
contract and in fact send spam to you even though you
explicitly told us NOT
to send it.
I take the checkoff box to mean that my email address is
not going to be
abused if I select the 'don't spam me' option. The fact
these people have
taken from March 2002 until now to send this second note
shows that they
know themselves that their actions are dishonest.
In this particular case I have no idea at all what the
account in question
would be. I tend to use yahoo accounts disposably.
Phill
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