[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"?
--
Cheers,
Stephen Rothwell sfr at canb.auug.org.au
http://www.canb.auug.org.au/~sfr/
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