Mark Foster wrote:
I don't think you're missing much at all, based on my read. The wording in one part of the document (which requires 'opt in') implies that the intentions are sound, but the statement "Senders of promotional electronic messages will be required to stop sending messages if recipients decide to opt out" is a biiiig can of worms.
Fax spam will remain legal as well.
Hmm. If they diversify it much more, 'Direct Marketing' will become illegal. (Not that I disagree, but that changes the scope of the legislation substantially) I noted the following, FYI 40. Facsimile message services also provide some scope for the sending of unsolicited marketing and promotional messages but there does not presently seem to be a problem in this area and it is proposed that, like Australia, such messages be excluded by way of regulation. [from http://www.med.govt.nz/pbt/infotech/spam/cabinet/paper-one/paper-one-03.html...]
Anyone know if a Draft of the bill itself is available for viewing yet and if not, when it will be available and whether submissions are being accepted?
Google broken for you, or no 1337 br0wZ3r sk1llZ0rZ?
http://www.med.govt.nz/pbt/infotech/spam/index.html
:p
You out-leeted me. Unfortunately i'll need to wait untill i'm not on the back end of an ancient machine on a tiny wee internet link to follow up ;-)Did have a quick look and notice that submissions were taken months back on it, suprising that I didn't see this mentioned on NZNOG? (or has my memory failed?) On the issue of opt-in and opt-out I did notice this: [Also from http://www.med.govt.nz/pbt/infotech/spam/cabinet/paper-one/paper-one-03.html...] The Issue of Consent - Opt-Out or Opt-In? 63. One of the main characteristics of spam is that it is unsolicited and/or unwanted. To address this issue anti-spam legislation has either provided that electronic messages can only be transmitted if the recipient has expressly or implicitly consented to such transmission (opt-in), or that such messages cannot be transmitted if the recipient has already taken action to indicate to the sender that such messages are unwanted (opt-out). 64. The difference between these 2 approaches is that opt-in places the burden of determining whether an email can be legitimately sent on the message sender, whereas the opt-out approach effectively legitimises the initial email and places the burden of determining whether it is legitimate for subsequent emails to be sent on the recipient through the availability of an "opt-out" response. --endquote-- Given they have nominated 'Opt-in' i'd say (or hope?) that they've gone with 'the first email whether it provides opt-out or not is still illegal' and that the phrasing of the quoted article is slightly misleading. Mark.