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Spam And Alston - From Luddite To Pin-Up?
templeton069 writes "Alston (the Australian Communications Minister) has been lambasted as the 'world's greatest Luddite' for a long time but the spam bill introduced to the Australian Parliament last week seems to have struck an almost magical balance with everyone from the Internet Industry Association, the Coalition Against Bulk Unsolicited Email and the Direct Marketing Association, suggesting that it is about as good as it gets. So what's the story -- can you go from Luddite to pin-up in one step? And more importantly, does the legislation provide a template for other jurisdictions to implement low-pain anti-spam legislation?"
the bill can be linked to directly. If you want to get to it using the list liked to in the article then scroll down to number 124.
They don't mind banning those sleezy low-life spammers, but don't wish to restrict the targeted e-marketting of ethical businesses...
I suppose I should read the article, but I bet it takes less than a minute to find the escape hatch in this law. I'll be back...
One line blog. I hear that they're called Twitters now.
As another has pointed out, there are a number of exemptions:
Eg. Schedule 1, Object, Note 2:
Designated commercial electronic messages are exempt from section 16 (unsolicited commercial electronic messages must not be sent) and section 18 (commercial electronic messages must contain a functional unsubscribe facility).
Those 'designated commercial electronic messages' include:
Government bodies, political parties, religious organisations and charities
(a) the sending of the message is authorised by any of the following bodies:
(i) a government body;
(ii) a registered political party;
(iii) a religious organisation;
(iv) a charity or charitable institution; and
(b) the message relates to goods or services; and
(c) the body is the supplier, or prospective supplier, of the goods or services concerned.
Educational institutions
(a) the sending of the message is authorised by an educational institution; and
(b) either or both of the following subparagraphs applies:
(i) the relevant electronic accountholder is, or has been, enrolled as a student in that institution;
(ii) a member or former member of the household of the relevant electronic accountholder is, or has been, enrolled as a student in that institution; and
(c) the message relates to goods or services; and
(d) the institution is the supplier, or prospective supplier, of the goods or services concerned
Factual information
(a) the message consists of no more than factual information (with or without directlyrelated comment) and any or all of the following additional information:
(i) the name, logo and contact details of the individual or organisation who authorised the sending of the message;
(ii) the name and contact details of the author;
(iii) if the author is an employee--the name, logo and contact details of the author's employer;
(iv) if the author is a partner in a partnership--the name, logo and contact details of the partnership;
(v) if the author is a director or officer of an organisation--the name, logo and contact details of the organisation;
(vi) if the message is sponsored--the name, logo and contact details of the sponsor;
(vii) information required to be included by section 17;
(viii) information that would have been required to be included by section 18 if that section had applied to the message; and
(b) assuming that none of that additional information had been included in the message, the message would not have been a commercial electronic message; and
(c) the message complies with such other condition or conditions (if any) as are specified in the regulations.
After all that, I don't really see how it will help one bit. To my interpretation (wrong though it may be) we can still get spam but we have to know who it is coming from, and if it is from a business (for profit) it may not be more than a business card. On the other hand, from a govt body, political party, religious crazies (or otherwise), and charities, you den't even need to be able to unsubscribe. It must relate to goods or services (uh huh... big protection there. The catalogues in my mailbox do that too) and they must be the prospective supplier. That's what they are hoping, anyway.
Also, a uni, or school, may cheerfully spam all their students. What fun.
All seems to be a waste of time to me.
As for Alston... if anyone sees him, punch him in the face for me, or somesuch.