[clug] LONG - Anti Spam Laws (Spam Act 2003) - a simple outline.

Stephen Rothwell sfr at canb.auug.org.au
Sun Jun 27 03:07:30 GMT 2004

Hi Tomasz,

Just a couple of clarifications:

On Sun, 27 Jun 2004 12:32:11 +1000 tmc at dreamcraft.com.au (Tomasz Ciolek) wrote:
> Here is a synopsis. Net that this is my opinion and understanding. Seek
> own legal advice as I may well be incorrect.

I assume from this that you are not a lawyer.  Is that correct?

> 1. Commercial message as defined is any message that advertises or
> solicits goods and services for commercial gain.

Does the ACT, or anything else, define "commercial gain"?

> 2. Electronic message is defined as ANY electronic message sent via a
> telecommunications network other than voice. Faxes are at this time
> placed outside of the scope of the Act by ministerial regulation. 
> This means that ALL:
>  * emails
>  * SMS
>  * MMS
>  * Instant Messages (yahoo, jabber, MSN, IRC, etc)
> that carry commercial content (see 1 above) are commercial electronic
> messages for the purpose of the law.

How about Usenet News?

> A commercial electronic message must have the following in the body of
> the message (the law does not take headers of the message into account
> at all):

Does the ACT define "the body of the message"?

Stephen Rothwell                    sfr at canb.auug.org.au
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