[LINK] Putting "no spam" warnings on websites
rene.lk at libertus.net
Wed Apr 21 17:00:41 EST 2004
On Wed, 21 Apr 2004 14:18:54 +1000 Webb, KerryA wrote:
>I'm working on a new set of website standards for the ACT Government, and
>one of the issues relates to putting a "no spam" notice on a Web page when
>we display an e-mail address.
>As you're well aware, the new Spam Act says that a commercial entity can
>infer consent to receive commercial e-mails relating to your function if you
>put your e-mail address on a site. It's been suggested that putting a "no
>spam" sign adjacent to the address would convey to the spammer that you
>don't want to be contacted in this way.
Btw, the reason for doing that is more than to convey something to a spammer.
The Spam Act 2003 specifically deems the non-existence of a statement such as
"no spam" or "no UCE" (examples in the Explanatory Memorandum) to signify
consent to receive spam. So, if one doesn't use such a statement next to a
"conspicuously published" email address, then one can't complain to the ACA
about spam sent to that address because the Spam Act deems the recipient to
(2) However, if:
(a) a particular electronic address enables the public, or a section of the
public, to send electronic messages to:
(b) the electronic address has been conspicuously published; and
(d) the publication is not accompanied by:
(i) a statement to the effect that the relevant electronic account-holder does
not want to receive unsolicited commercial electronic messages at that
electronic address; or
(ii) a statement to similar effect;
the relevant electronic account-holder is taken, for the purposes of this Act,
to have consented to the sending of commercial electronic messages to that
address, so long as the messages are relevant to ..."
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