RE: [Asrg] criteria for spam V2 (was: Implicit Consent (was: Another criteria for "what is spam"...))

You emailed the text right out of my keystrokes :) 

I agree: there is no such thing as implicit consent to receive bulk
email. So therefore the updated definition goes like this:

Spam is defined as unsolicited bulk email, or UBE

Bulk email is defined as the transmission of 2 or more emails via a
primarily automated process.

Unsolicited email is defined as email where the recipient has not
explicitly approved of receiving bulk email from the sender.

Sender can mean an individual or an organization.

In summary, UBE means:

The transmission of multiple emails via a primarily automated process to
recipients that have not explicitly approved to receive such emails.

OK gang, fire away.

Peter
www.titankey.com

> -----Original Message-----
> From: Richard Johnson [mailto:rdump@river.com] 
> Sent: Thursday, June 05, 2003 9:53 AM
> To: asrg@ietf.org
> Subject: RE: [Asrg] Implicit Consent (was: Another criteria 
> for "what is spam"...)
> 
> 
> At 07:59 -1000 on 2003-06-05, Peter Kay wrote:
> > However that also means that if you tell Verisign "stop" and they 
> > still keep sending, its UBE.  If Verisign ever sends you messages 
> > about their products without ever receiving implied or explicit 
> > consent from you, its UBE.
> 
> 
> I believe there is no way to safely manage "implied consent" 
> for BE streams.  Consent for such needs to be explicit.
> 
> 
> > It also means that if, on the signature of your email, you 
> EXPLICITLY 
> > state you do not want to receive any bulk email, and they 
> ignore that 
> > EXPLICIT request, its UBE.
> 
> 
> I think that's where your implicit consent assumption falls 
> apart. Everyone would put a "no BE" statement in their .sigs 
> if it were going to work to prevent slamming into BE streams. [1]
> 
> The reasonable assumption made when sending email is that 
> responses will be topical and will not, unless explicitly 
> requested, involve a stream of BE.
> 
> "Implied consent" interpreted overly broadly, such as 
> allowing the sender to assume some kind of signup for BE 
> after receiving any mail, inevitably leads to spamming.
> 
> If I don't explicitly and knowingly sign up for a stream of 
> BE, then it's UBE regardless of what the -sender- claims.
> 
> 
> Richard
> 
> [1] For example, the one I include on mail to vendors didn't 
> work against Verisign, or NetLux, or Thawte-pre-Verisign, 
> or... _______________________________________________
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> 
> 

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