Sunday, Sep 04, 2005 at 13:29
Jeez Take it Easy People
This is a long post so please bear with me :-)
Firstly let me apologiseto everyone who received the newsletter and also received a follow-up posting from someone else. The ISP who maintains the list software does not know how this person was able to post to everybody on the list as
well, it was apparently a bug within the list software. The ISP tells me this bug has been fixed and this problem should not occur again.
Secondly let me explain how I gather e-mail addresses to send my newsletter to.
Method 1: I receive in between 100 and 300 e-mails per day. About one third of those are real Spam crap selling the Viagra or some other medication or some other rubbish. The other two thirds are people who contact me in my role as a member of Parliament and asking for may assistance in some respect. As a general rule if you send me a request I am going to send you a newsletter every six months or so.
Method 2: I read every 4WD
forum in Australia and several overseas ones (and every fishing and horseriding
forum as
well!). In some cases I contribute and in other cases I just observe. But if someone publishes their e-mail address in a 4WD
forum and on a topic that I am either interested in or that I contribute to I will grab their e-mail address and put it into my database as someone who "might" be interested in the only politician in Australia dedicated to looking after recreational activities primarily being 4WD, horseriding and fishing.
Method 3: you can be subscribed by you or somebody else subscribing your e-mail address to the list which is done automatically.
Apart from those three broad groups I actually have no idea how particular people's e-mail addresses get into the list so I have no idea how Signman's e-mail got into my list apart from the fact that was in the general group that came from one of the four-wheel-drive forums that I read. Doing a quick search back through the forums for Signman's name immediately revealed his e-mail address which he had published in an article I had probably read.
So there is a golden rule here: if you do not want your e-mail address then do not publish it for the world to see.
The other question as to whether this newsletter qualified under the legal definition of spam. In answering this question I quote here from the official Commonwealth government site defining what is and is not spam (I have tried to put my comments in bold):
Spam is the term now generally used to refer to unsolicited electronic messages, usually transmitted to a large number of recipients.
They usually, but not necessarily, have a commercial focus, promoting or selling products or
services; and they share one or more of the following characteristics:
They are sent in an untargeted and indiscriminate manner, often by automated means;
the newsletter was not an target or indiscriminate, rather it was specifically targeted at people who had either contacted me directly or who had published their e-mail addresses in a public manner in forums to which I also subscribe.
They include or promote illegal or offensive content;
my newsletter did not contain illegal or offensive content
Their purpose is fraudulent or otherwise deceptive;
my newsletter was not fraudulent or deceptive
They collect or use personal information in breach of the Privacy Act 1988 National Privacy Principles (NPPs );
I did not collect any personal information
They are sent in a manner that disguises the originator;
I was clearly identified as the originator of the newsletter
They do not offer a valid and functional address to which recipients may send messages opting out of receiving further unsolicited messages.
I clearly gave a valid address and valid instructions for removal from the list
Not all bulk email is spam. Bulk email would probably not be generally regarded as spam if it:
Is sent to recipients who have previously dealt voluntarily with the sender before and, on the basis of that existing relationship, can reasonably be assumed by the sender to be prepared to accept messages of the type being sent;
in this case the receiver of the newsletter had published his e-mail address in a public
forum discussing issues with which I am intimately involved in a very public manner
Does not promote or include illegal content;
obviously my newsletter did not promote any of this
Is not deceptive in any way that breaches common law or statute law;
as far as I know there was nothing in the newsletter which breaches common or statute law of any State or Territory of Australia
Does not collect or use personal information in breach of the National Privacy Principles.
I did not obtain or disclose personal information in the newsletter
on that basis then it is very clear that this newsletter was not by any legal definition "spam".
I would be happy to discuss this issue with anyone at any time either publicly or privately however, I only get to read Explor Oz about once a month so if you would like to discuss it here in the
forum please e-mail me to tell me that you have posted a reply.
regards
Dr Jon Jenkins MLC
www.trac.org.au
AnswerID:
128225
Follow Up By: jon jenkins - Sunday, Sep 04, 2005 at 13:37
Sunday, Sep 04, 2005 at 13:37
Hi Again
Sorry the "bold" tags did not work but I think you can get the gist of it but just in case I have reposted the legal bit:
Spam is the term now generally used to refer to unsolicited electronic messages, usually transmitted to a large number of recipients.
They usually, but not necessarily, have a commercial focus, promoting or selling products or
services; and they share one or more of the following characteristics: They are sent in an untargeted and indiscriminate manner, often by automated means;
"The newsletter was not an target or indiscriminate, rather it was specifically targeted at people who had either contacted me directly or who had published their e-mail addresses in a public manner in forums to which I also subscribe."
They include or promote illegal or offensive content;
"my newsletter did not contain illegal or offensive content"
Their purpose is fraudulent or otherwise deceptive;
"my newsletter was not fraudulent or deceptive"
They collect or use personal information in breach of the Privacy Act 1988 National Privacy Principles (NPPs );
"I did not collect any personal information"
They are sent in a manner that disguises the originator;
"I was clearly identified as the originator of the newsletter"
They do not offer a valid and functional address to which recipients may send messages opting out of receiving further unsolicited messages.
"I clearly gave a valid address and valid instructions for removal from the list"
Not all bulk email is spam. Bulk email would probably not be generally regarded as spam if it:
Is sent to recipients who have previously dealt voluntarily with the sender before and, on the basis of that existing relationship, can reasonably be assumed by the sender to be prepared to accept messages of the type being sent;
"In this case the receiver of the newsletter had published his e-mail address in a public
forum discussing issues with which I am intimately involved in a very public manner"
Does not promote or include illegal content;
"Obviously my newsletter did not promote any of this"
Is not deceptive in any way that breaches common law or statute law;
"As far as I know there was nothing in the newsletter which breaches common or statute law of any State or Territory of Australia
Does not collect or use personal information in breach of the National Privacy Principles.
"I did not obtain or disclose personal information in the newsletter"
jon
FollowupID:
382865
Follow Up By: Mad Dog (Australia) - Sunday, Sep 04, 2005 at 13:57
Sunday, Sep 04, 2005 at 13:57
Jon for President
FollowupID:
382868
Follow Up By: Member - John (Vic) - Sunday, Sep 04, 2005 at 13:58
Sunday, Sep 04, 2005 at 13:58
Jon question to you off the topic of Spam.
This
forum as do many others I guess constantly post comments about possible government intervention in the 4wd world.
People like Mr Harold Scrubby who stir the pot on things like banning bullbars, 4 wheel drivers supposed aggressive nature on the roads and fuel guzzling 4wd's etc etc.
And the comments by the NSW coroner in a recent case.
My question is simple, In your capacity as an MLC, Do you find that the topic of legislation to change the 4 wheel drive world is discussed or proposed at all at either the State or Federal level by politicians or is the subject and the stirring by these people ignored at the respective level as just "Media Hype" and personal agendas by select individuals?
FollowupID:
382869