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

Tomasz Ciolek tmc at dreamcraft.com.au
Sun Jun 27 05:47:39 GMT 2004

On Sun, Jun 27, 2004 at 01:07:30PM +1000, Stephen Rothwell wrote:
> Hi Tomasz,
> Just a couple of clarifications:
> I assume from this that you are not a lawyer.  Is that correct?

Correct. I am employed by the Australian Communications Authority as an
IT specialist. I am employed specifically to investigate the breaches of
the Spam Act. As such I have a very good understanding of what I am suppoed to

What you see here is based on the legal advice given by the 
Australian Government Solicitors and the Australian Communications Authority 
legal teams. An FAQ about the Spam ACT 2003 can be found on the ACA
website which is http;//www.aca.gov.au/

> > 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"?

The Act specifically describes what a "Commercial electronic message"
is. Aove is my cutdown version.

> > 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?

Is usenet news associated with an "account"? If so, yes. If it is more
like broadcast in it's nature, then no. I have nit checked the legality
of Usenet News as such.

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

Yes, the act defines what the message is. It is effectively the contents
of an email, ie body.

Tomasz Ciolek
Tomasz M. Ciolek	
 tmc at dreamcraft dot com dot au 
   GPG Key ID:		0x41C4C2F0
   GPG Key Fingerprint: 3883 B308 8256 2246 D3ED  A1FF 3A1D 0EAD 41C4 C2F0
   Key available on www.pgp.net	
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 189 bytes
Desc: Digital signature
Url : http://lists.samba.org/archive/linux/attachments/20040627/5aca2337/attachment.bin

More information about the linux mailing list