SPAM thru this Forum??

Submitted: Thursday, Aug 18, 2005 at 10:25
ThreadID: 25690 Views:4899 Replies:21 FollowUps:47
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Yesterday I received an unsolicited (what I consider SPAM) email from a politician, in fact a member of the NSW Legislative Council. Like all this junk mail we receive, I returned an email seeking information as to how he obtained my email address. The response was (and I have taken the liberty to cut & paste)

"I would also consider it spam if you had not posted to one of the forums I
regularly read and contribute to. I am not sure which it was but it was
likely one of the 4WD forums which I regularly contribute to, overlander,
tlcc, outer limits, exploroz or one of the many fishing forums possible"

I was not offended by the information sent- simply a politician on his soapbox, it does concern me that this forum is the only one I use of those mentioned.
If other users, or the moderators of this forum would like further information as to the offender and contacts, I would be only too happy to divulge.
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Reply By: Member - Jeff M (WA) - Thursday, Aug 18, 2005 at 10:30

Thursday, Aug 18, 2005 at 10:30
signman, a couple of things if I may:

1. Nothing gives me the WHOOPSIES more than SPAM and ESEPCIALLY TELEMARKETING!

2. NEVER reply to spam. It just let's the marketers know that your email address is active and that their marketing is reaching it's audiance. This INCREASES the ammount of spam you receive as you email address has just gone up a notch on the list as they know someone is reading it.

3. You can turn your email address off (ie so it is not displayed on the forum).

4. On the bright side, it's actually refreshing to here that a polly is reading this forum and taking in all of our opinions on issues relating to hour hobby/lifstyle choice!
AnswerID: 125723

Reply By: Nudenut - Thursday, Aug 18, 2005 at 10:40

Thursday, Aug 18, 2005 at 10:40
i doubt that your email address was sourced from the owners of this site....he (OE) might as well shut up shop if it was...

you havent posted it your email address in a forum reply somewhere?
AnswerID: 125726

Follow Up By: Nudenut - Thursday, Aug 18, 2005 at 10:49

Thursday, Aug 18, 2005 at 10:49
and dont we have anti spam laws in OZ now...polly or no polly...report him......
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FollowupID: 380421

Reply By: peterll - Thursday, Aug 18, 2005 at 10:56

Thursday, Aug 18, 2005 at 10:56
And here I was thinking it was just me ! I too received the same email from the politician. And I don't even live in Australia, at present.

The only forum I write anything in about 4wd is this site.

Amazing how word gets around

AnswerID: 125730

Follow Up By: ExplorOz Team - David - Thursday, Aug 18, 2005 at 14:10

Thursday, Aug 18, 2005 at 14:10
Peter,

I found your email address on the net in plain text on one website - your own. It was not and could not be sourced from ExplorOz.
David (DM) & Michelle (MM)
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Reply By: GaryInOz (Vic) - Thursday, Aug 18, 2005 at 11:05

Thursday, Aug 18, 2005 at 11:05
One way to reduce spam is to set filters. In Outlook Express:

Message ->Create Rule From Message, tick "Where Subject Line Contains Specific Words, tick "Do Not Download it From the Server" (scroll down), click on hyperlink in third dialogue box and add all the words you want to in the pop-up

Viagra
cialis
pharmaceutical
Pharmaceuticals

just pick on specific words that you would not use in email conversations and subject lines and add to the list. This has knocked the bulk of the crap on the head.
AnswerID: 125733

Follow Up By: Truckster (Vic) - Thursday, Aug 18, 2005 at 11:24

Thursday, Aug 18, 2005 at 11:24
and add in there
corruption
fat donut sponging pricks

and you shouldnt get any from pollys.
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FollowupID: 380431

Follow Up By: signman - Thursday, Aug 18, 2005 at 11:29

Thursday, Aug 18, 2005 at 11:29
Hi Gary
As I said- I was not offended by the content of the email.
My main concern is HOW did this person get my (and it appears other) email details.
Thank you for the information in setting up a spam filter, but I don't think there would be enough room to put in political speak as they have a word for everything.
Regards
signman
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FollowupID: 380433

Follow Up By: Member - Stillthinkinaboutit - Thursday, Aug 18, 2005 at 12:04

Thursday, Aug 18, 2005 at 12:04
Hi Signman,

Are you a member of a 4WD club by any chance ?
If the club is affiliated with the ANFWDC the e-mail address was probably picked up from there.
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FollowupID: 380435

Reply By: Member - bushfix - Thursday, Aug 18, 2005 at 11:50

Thursday, Aug 18, 2005 at 11:50
G'day,

reckon I know the fella you are referring to. If I am correct, I am subscribed to his newsletters and he is a good bloke, we are lucky to have him in parliament. however, i also received a (possibly reply all) reply to his email from an unknown asking simply "who is ......." That was the only one. Weird.
AnswerID: 125736

Reply By: peterll - Thursday, Aug 18, 2005 at 11:51

Thursday, Aug 18, 2005 at 11:51
hi signman,

And that is exactly my wonder.. just HOW did I receive an email from the politician. As I mentioned.. I do not and have never logged into any other similar leisure related website using the address I use here.

Leaves a strange feeling inside.. although I do hope that he writes to me again and soon.
AnswerID: 125737

Reply By: Bega Photographer - Thursday, Aug 18, 2005 at 12:18

Thursday, Aug 18, 2005 at 12:18
G'day Signman,

I wouldn't make an issue of it. That's life!

* Set your spam filters.
* Don't open e-mails for which you don't know the sender or recognise the subject.

We are constantly bombarded with information from people wishing to do business with us. Adds on/in:

* Shop windows.
* TV.
* Food packaging.
* Logo on your 4x4.
* Newspaper.
* Surfwear tee shirts.

As sure as you're in the phone book or on the electrol roll you'll get charities phoning. If you live in a fibro house you get people wanting to sell you cladding.

I have a Yahoo e-mail address which I use for forums, news letters and free downloads. I get it out wherever I can, including on my four websites. I took out this e-mail address so as to avoid spam on my "good" bigpond address. The funny thing is that despite flaunting the Yahoo address I get very little spam on it. I've left the spam filter on its defaults. My Yahoo address is laurie_m48@yahoo.com and I feel confidant about displaying it.

Any expectation that you'll be left in your isolation by would be marketers in this modern day is unrealistic and you'll work yourself into an early grave trying to enforce your expectation.

So do what you conveniently can to cut down the spam and get on with life and be happy.

Regards,
Laurie.
Laurie's Photos (with e-mail address)
AnswerID: 125741

Reply By: ExplorOz Team - David - Thursday, Aug 18, 2005 at 13:37

Thursday, Aug 18, 2005 at 13:37
I can ASSURE you all that there is no way that the email addresses have been sourced from this site. In fact we take quote an exception to the interance being posted on the forum without checking directly with us first, so that the facts can be explained. The ONLY way an email address will appear visible to outside poeple is as follows:

1. You post your address in plain text in any post, followup or reply such as david@exploroz.com - this may be picked up by a spam spider.
2. You are a member and have enabled the display email address on rig pic page.
3. You reply to a trader ad email from someone that wants to buy your advertised stuff.

That is it.

If you subscribe to the newsletter or register for visitor, member or customer access - the only emails you will get are from us. If you use the intractive systems your will still only get email from our server system. At NO TIME are email addresses exposed from this server except in the cases above. This is also why the advertising systems has the send enquiry functions and does not show email addresses.

If you want to check why not go to www.google.com.au and type your email address as the search string and find where it may be located on the internet - it will not be from this site unless you have posted it in plain text.
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AnswerID: 125752

Follow Up By: signman - Thursday, Aug 18, 2005 at 14:08

Thursday, Aug 18, 2005 at 14:08
G'day David
In no way was I infering that the email addresses would knowingly be coming as a list from you. It just appears strange and coincidental that this site was mentioned in the reply, and it appears other users have had the same experience.
I do, however, think our politicians have better things to do than read every post on this site (must be up to a squillion by now) to 'fish' for email addresses.
I raised the matter as a query not as an acccusation , and I apologise to you and all forum users if the comments have been taken as inference.
Regards
David aka signman
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FollowupID: 380450

Follow Up By: ExplorOz Team - David - Thursday, Aug 18, 2005 at 14:55

Thursday, Aug 18, 2005 at 14:55
David,

Please send me any details or emails that you have on this as sending unsolicited email regardless of how the address was obtained is a direct breach of the Anti Spam Act. The office of this person needs to be contacted or reported.
David (DM) & Michelle (MM)
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Reply By: ExplorOz Team - David - Thursday, Aug 18, 2005 at 13:55

Thursday, Aug 18, 2005 at 13:55
Signman,

I found your email address posted in plain text on post 23330. This can, may and would be able to be picked up by any email spiders that are around. We cannot control an email address that you have typed into the open forum as anyone on the net could in fact can read your email address from the site. Hence the inferance that we (ExplorOz) have caused you to receive spam is misleading and defamotary.

In any case this email would fall under the anti spam legislation. If it was sent from a local (Australian) email server then it would in fact be illegal, as you have not requested to receive this email from this person. I would send copies of the email and the details to the agency that manages this - see SPAM ACT 2003.
David (DM) & Michelle (MM)
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AnswerID: 125758

Follow Up By: Bega Photographer - Thursday, Aug 18, 2005 at 14:29

Thursday, Aug 18, 2005 at 14:29
Hi All.

The polly sais he regularly reads and contributes to the forum. I think this means that he quite leagally and normally got the e-mail address just the same as any member can send an e-mail to another member. Isn't that part of what membership is about?

I think you should all just take a few deep breaths and relax about it.

Regards,
Laurie.
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FollowupID: 380452

Follow Up By: Member - Tonester (VIC) - Thursday, Aug 18, 2005 at 14:33

Thursday, Aug 18, 2005 at 14:33
Ok, perhaps we can expect him to chip in real soon into this post? I wonder...
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FollowupID: 380453

Follow Up By: Bega Photographer - Thursday, Aug 18, 2005 at 14:46

Thursday, Aug 18, 2005 at 14:46
Yes, and I expect that his post will be about camping, caravaning and 4x4ing rather than confessional or political. How will we ever know if he has a name like "Tinpot" or whatever?
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FollowupID: 380454

Follow Up By: ExplorOz Team - David - Thursday, Aug 18, 2005 at 14:49

Thursday, Aug 18, 2005 at 14:49
Laurie,

The member message system still masks the email address unless the member directly writes it in the message that they send. When you interact with the forum or membermsg system all the messages come from the server system with an ExplorOz from address. Member messages are stored on our server so they never actually hit your personal email account - unless you want them to. Our system never gives the address away and this is what I wish to make clear.

As Nudenut indicated above it is a very important function of our business to be relied upon as to not being involved in spam, it is hard enough on the Internet but as soon as the element of doubt is placed it can break a business. Hence we react quickly to these issues as it is a major issue for us.

The words SPAM and from this site in a thread can create a doubt that can turn away new users and cause a whole load of our exisiting users to react in a negative fashion. This can have an effect on the business and so we get defensive.

Now I understand where the email addresses have come from I would like to know why this person believes they are void of the SPAM ACT. Like most businesses in Australia we abide by the privacy act and spam act so why the hell would a legislator knowingly break the rules and then drop our name into the equation?
David (DM) & Michelle (MM)
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FollowupID: 380455

Follow Up By: Nudenut - Thursday, Aug 18, 2005 at 15:27

Thursday, Aug 18, 2005 at 15:27
he's a polly and probably thinks he is above the law.....
regardless I reckon he will get away it for the following reason?

"The legislation only covers emails of a commercial nature. So personal emails aren't covered"
copied from here
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FollowupID: 380461

Follow Up By: ExplorOz Team - David - Thursday, Aug 18, 2005 at 15:37

Thursday, Aug 18, 2005 at 15:37
Yeah but line below says this:

The legislation will also make it illegal to "harvest" emails off the Internet, or to purchase email lists that have been obtained in that way (eg. the ones you sometimes see for sale - 1 million email addresses for $50).

This statement is regardless of the content! Copy & Paste is a diect harvest.....

In any case is a political email classed as commercial - I would think it is selling the virutes of a parties point of view and this would be paramount to commercial. This is an interesting point however the harvesting of email addresses is still illegal.
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FollowupID: 380464

Follow Up By: signman - Thursday, Aug 18, 2005 at 15:40

Thursday, Aug 18, 2005 at 15:40
David
Pertinent emails forwarded directly to you.
Regards
signman
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FollowupID: 380465

Follow Up By: joc45 - Thursday, Aug 18, 2005 at 15:46

Thursday, Aug 18, 2005 at 15:46
Hi David,
Sadly, despite pressure from the public, the pollies specifically exculded themselves from the anti-spam legislation.
Such hipocrisy, when the other day, one pollie, when criticising that website "GetUP" described the flood of emails to pollies from the site as "spam".
And the enquiry into where a certain political party got that list of silent phone numbers for their pre-election phone-out has run out of steam, the source information being blocked even to the enquiry.
Love your website,
Gerry
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FollowupID: 380467

Follow Up By: ExplorOz Team - David - Thursday, Aug 18, 2005 at 15:50

Thursday, Aug 18, 2005 at 15:50
Signman - Thanks received and Michelle has called the office waiting for a call back.

Gerry - Glad yo like it thanks. Yes sadly you are right the pollies can do what ever they want and tell us we cannot do the same. Now I ave also seen several different versions of the same ACT one from the ACT and one from a polly - funny how different they read.........
David (DM) & Michelle (MM)
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FollowupID: 380468

Follow Up By: Bega Photographer - Thursday, Aug 18, 2005 at 15:53

Thursday, Aug 18, 2005 at 15:53
Well, thanks for explaining that David. Clearly you run your site as securely as a site can be.

We all need to take responsibility for our own internet safety and it's good to know that browsing and interacting in your site is quite safe.

No doubt this will be taken as a good lesson by those who have been a bit lax in their self protection straturgies.

Regards,
Laurie.
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FollowupID: 380470

Follow Up By: ExplorOz Team - Michelle - Thursday, Aug 18, 2005 at 17:28

Thursday, Aug 18, 2005 at 17:28
I have now indeed had the return call from this politician. We discussed the spam legislation and he is of a very firm view that the anti-spam legislation does not stop him from using any email addresss he can find on the internet. He is of the belief that if you post it on an open public forum, then you are giving the OK to anyone to send you anything. Thankfully, he does respect that not everyone will want his newsletters so he does respond if you request to be removed from his mail list. He openly admits to obtaining email addresses from sources of a relevant nature to his cause. Any lawyers out there wish to confirm?
Michelle Martin
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FollowupID: 380484

Follow Up By: Nudenut - Thursday, Aug 18, 2005 at 17:39

Thursday, Aug 18, 2005 at 17:39
lawyer....cant trust them....geez they're worse than polly's hahaha
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FollowupID: 380485

Follow Up By: Nudenut - Thursday, Aug 18, 2005 at 17:42

Thursday, Aug 18, 2005 at 17:42
From Davids post above "The legislation will also make it illegal to "harvest" emails off the Internet"

so he aint harvesting eh?....funny that ..look lets face it...one law for them and one for us....and if they dont win they'll change the laws so they do
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FollowupID: 380486

Follow Up By: ExplorOz Team - Michelle - Thursday, Aug 18, 2005 at 17:56

Thursday, Aug 18, 2005 at 17:56
Yes, I checked that before I posted and we did some research and found the harvesting rules relate to the use of software to harvest the addresses of the internet, not to the simple use of email address available to the eye - ie. typed. Moral of story is simply do not type your email address. This is why we introduced Member Messaging actually, as we recognised that many Forum readers might actually like to talk with one another off-Forum. You can safely give your email address to someone on ExplorOz, by typing it in a Member Message because this is not openly available on the internet and cannot be seen by anyone other than who you send it to.
Michelle Martin
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FollowupID: 380491

Follow Up By: Member - Tonester (VIC) - Friday, Aug 19, 2005 at 08:07

Friday, Aug 19, 2005 at 08:07
Harder for non-members in this case, but thats life and one membership benefit. I've given my work email to members of the forum, but would never post it, here or anywhere. Only to well known reptutable (and usually business related) sites. I done my time in IT security. Its easy to post here a new hotmail account to establish communication, and then trash it.
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FollowupID: 380554

Reply By: motherhen - Thursday, Aug 18, 2005 at 17:56

Thursday, Aug 18, 2005 at 17:56
My ISP Westnet has a very good spam bust service - gets things from dodgy overseas ISPs and anything sent out in bulk. I then get an email and i can just click on any message on the list that i really want to receive. Quick, easy and effective, all for $10 per year. I can add to it people i don't want to hear from, or can set it up to always receive from certain addresses (eg a mail order business that gets caught occasionally because they send so much at a time). So quick and easy.
AnswerID: 125794

Reply By: Footloose - Thursday, Aug 18, 2005 at 20:09

Thursday, Aug 18, 2005 at 20:09
I also received the same email. I was bemused, rather than upset. In fact I met the guy once, at a very non political function. Never heard from him again....until yuesterday.
And if you're reading this Jon, you had just bought a Disco Duck at the time, and it was getting salt spray on it :)))))
AnswerID: 125809

Follow Up By: BenSpoon - Thursday, Aug 18, 2005 at 22:16

Thursday, Aug 18, 2005 at 22:16
Footloose- can you post his email address? I had his email, but deleted it and cant get it back, nor the response that came shortly after.
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FollowupID: 380521

Follow Up By: jon jenkins - Sunday, Sep 04, 2005 at 13:46

Sunday, Sep 04, 2005 at 13:46
Hey who is this?

That bloddy disco almost got me killed several times (no Centre Lock Diff fitted so it got hairy in the real steep stuff) :-(

Was that at South Ballina when we had to cross in bewteen waves to get around the last part of the rock ledge?

jon
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FollowupID: 382866

Follow Up By: Footloose - Sunday, Sep 04, 2005 at 13:55

Sunday, Sep 04, 2005 at 13:55
Jon, yes I knew about the Disco. Sadly, we plebs don't have Parliamentry priviliges so I can't say much more :))
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FollowupID: 382867

Follow Up By: Footloose - Sunday, Sep 04, 2005 at 13:58

Sunday, Sep 04, 2005 at 13:58
However a bit of searching around would quickly answer your question. Nope not Ballina. The world's really quite small :))
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FollowupID: 382870

Follow Up By: jon jenkins - Sunday, Sep 04, 2005 at 14:45

Sunday, Sep 04, 2005 at 14:45
Hmmmm are you from TV4WDC?

jon
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FollowupID: 382875

Follow Up By: Footloose - Sunday, Sep 04, 2005 at 16:05

Sunday, Sep 04, 2005 at 16:05
No. I'm one of those little easily forgotten little nobodies. We met once in a different environment where I was eminently forgettable. :)
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FollowupID: 382890

Follow Up By: jon jenkins - Sunday, Sep 04, 2005 at 16:42

Sunday, Sep 04, 2005 at 16:42
OK, now I have to know!

Please email me at jon@trac.org.au and break the suspense :-) I've never been much good with names and footloose doesn't ring a bell but I never forget a face!

jon
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FollowupID: 382894

Follow Up By: Footloose - Sunday, Sep 04, 2005 at 16:45

Sunday, Sep 04, 2005 at 16:45
Ok Jon I'll come clean but I'm afraid it wasn't worth ythe suspenders :)) I'll email you shortly
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FollowupID: 382895

Follow Up By: jon jenkins - Sunday, Sep 04, 2005 at 16:49

Sunday, Sep 04, 2005 at 16:49
Jim, is that close ?

jon
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FollowupID: 382896

Follow Up By: Footloose - Sunday, Sep 04, 2005 at 16:54

Sunday, Sep 04, 2005 at 16:54
That's not fair. I was supposed to be forgettable ! LOL
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FollowupID: 382897

Reply By: Member - Vince B (NSW) - Thursday, Aug 18, 2005 at 20:21

Thursday, Aug 18, 2005 at 20:21
Hi Signman.
I have know this politician for a few years & he is certainly on the side of the 4wd fraternity.He might be on his soapbox however we need more of these people to help negate the push by certain groups to kill of 4wd & any recreational activity.
AnswerID: 125813

Follow Up By: gramps - Friday, Aug 19, 2005 at 02:11

Friday, Aug 19, 2005 at 02:11
Yeah, but it'll cost ya! :-)
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FollowupID: 380537

Reply By: muzzgit (WA) - Friday, Aug 19, 2005 at 00:48

Friday, Aug 19, 2005 at 00:48
I also received the email but I found it very interesting, and I found his approach to all things environmental / 4WD's / fishing exclusion zones / harold scruby etc; very sensible and constructive.
AnswerID: 125849

Reply By: D-Jack - Friday, Aug 19, 2005 at 00:55

Friday, Aug 19, 2005 at 00:55
I can see a new political party forming, we could fall it "fourbies first" or something like that.

Post his email address. I have a few issues I would like to raise.

D-Jack
AnswerID: 125850

Reply By: CubCamperMan - Friday, Aug 19, 2005 at 08:53

Friday, Aug 19, 2005 at 08:53
the email addresses were sold from Overlander Magazine forum
AnswerID: 125866

Reply By: CubCamperMan - Friday, Aug 19, 2005 at 09:09

Friday, Aug 19, 2005 at 09:09
can guarantee email addresses were harvested electronically and sold by Overlander magazine as my email address is hidden at Overlander
AnswerID: 125871

Follow Up By: Member - Stillthinkinaboutit - Friday, Aug 19, 2005 at 09:36

Friday, Aug 19, 2005 at 09:36
I am a memeber of the Overlander Forum and I did not receive Jon's e-mail. Don't think Overlander was the source either.
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FollowupID: 380568

Follow Up By: Andrew (Whyalla SA) - Friday, Aug 19, 2005 at 11:17

Friday, Aug 19, 2005 at 11:17
"can guarantee email addresses were harvested electronically and sold by Overlander magazine as my email address is hidden at Overlander"

Have Overlander confirmed this to you?
Big statement mate. BIG STATEMENT

I hope you can back it up
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FollowupID: 380591

Follow Up By: signman - Friday, Aug 19, 2005 at 12:43

Friday, Aug 19, 2005 at 12:43
Thats strange because I don't- and never have accessed an Overlander site or forum, or had a subscription or contact with Overlander publications.
I do accept the explanation from David (of ExplorOz) so I guess the moral is if you don't want unsolicited emails- to protect email address exposure.
I would also like to reiterate I was not offended by the content of the email received, and like others feel warm & fuzzy that there is a politician who is in there batting for us 4WDers and other outdoor activities.
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FollowupID: 380612

Follow Up By: Richard - Friday, Aug 19, 2005 at 21:38

Friday, Aug 19, 2005 at 21:38
I'll pass your comments on to the approriate people. I expect it will be a hot topic at the 4WD NSW/ACT association meeting tommorrow.
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FollowupID: 380679

Reply By: peterll - Friday, Aug 19, 2005 at 12:24

Friday, Aug 19, 2005 at 12:24
Hi Dave,

I too wish to apologise if any of my comments were or are taken as inference of some misdeed. I am in agreeance with signman in offering this apology.
Peter L.
AnswerID: 125902

Reply By: RustyHelen - Friday, Aug 19, 2005 at 20:11

Friday, Aug 19, 2005 at 20:11
Well we got the email as well.
Never been on Overlander that I know so I tried the suggestion above of typing our email address into google and guess what came up????-- ExplorOz!!!!!
But I admit I have posted my email address to someone who was looking for follow up on a matter.
So in my case it came from OE but it was my "fault" as I had posted it publicly.
The fix?? Simple, exclude him from your system in Message Rules.
Rusty
AnswerID: 125950

Reply By: jon jenkins - Sunday, Sep 04, 2005 at 13:29

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
0
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
0
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?

VKS737 - Mobile 6352 (Selcall 6352)

Lifetime Member
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FollowupID: 382869

Reply By: jon jenkins - Sunday, Sep 04, 2005 at 14:41

Sunday, Sep 04, 2005 at 14:41
>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?

Yes at both levels. there is absolutely no doubt that a significant number of politicians from both sides of the political spectrum have an anti 4WD agenda. within those circles the general discussion is threefold:

1: can we make licensing for 4WDs more difficult or expensive?
2: can we make registration and other requirements more difficult or expensive?
3: any other ways we can make owning a 4WD less attractive?

With regards to 1: the Federal government inquiry recommended special licences for all "heavy" vehicles whose starting weight was >2.5tonnes (GU/100/78s) or whose potenital aggregate weight was >4.5 tonnes. (i.e. large 4WDs and other utilities plus max allowed trailer). This issue was also discussed at some length by the then Minister for roads Michael Costa. However the problem was how to differentiate between a 2 tonne 4WD and a 2 tonne large sedan. The other question really is how do you classify a 4WD? Is a Toyota RAV4 or a Mazda Tribute a 4WD and I think this was the real problem. However that didn't stop them introducing driving restrictions for young drivers in high powered vehicles, they just prepared a list of about 1200 vehicles which P plate drivers can't drive.
As far as special licences goes most people who are in the 4WD club system don't seem to have a big objection to this aspect, probably because they have to undergo their own training system anyway. But people outside of the clubs (especaially rural and horse and boaties) object very strongly to having to undergo another training and licensing system.

With regard to 2: the other issue that is discussed "in the back rooms" is whether they can introduce some sort of truck like registration requirements for 4WDs (like logboooks etc!) with the intention being of course to discourage the use. But again the question that besets them is: "what is a 4WD" and how they would police these rules considering the number of 4WDs on the road. already in some states if you're 4WD is registered as a business vehicle then you are required to have reversing beepers fitted. I can also see a requirement to retrofit ultrasonic warning sensors to many larger vehicles within the not too far distant future.

Issue 3 is more subtle. it consists of media campaigns to portray 4WD owners as some sort of evil child killing climate changing subhuman redneck Neanderthals. and to be brutally honest sometimes we are our own worst enemies! IN addition some of the councils in Sydney are considering introducing a greenhouse tax and in fact North Sydney Council has already done so. Although originally obviously aimed at 4WDs it has managed to catch all manner of large family cars in its net. So the average family Commodore will attract the same tax as a 3L diesel Patrol.

The real problem at the moment is that the media are only really interested in the sensational tactics used by Scruby. It's very easy to portray the horrific picture of a child being run over by any vehicle including four-wheel drive. But it's very hard to get the media to take any notice of the deliberately deceptive use of statistics and the positive side of owning a 4WD. Believe me we do try, every 4WD association and literally thousands of people out there sending their e-mails, letters and stories to the media organisations. unfortunately the story we are selling is not sensational and doesn't conjure up any horrific visions and as a result we don't get much airtime.

So the short answer to your question is: yes, there are some serious proposals which could cause us a bit of grief. However the more outrageous proposals of banning 4WDs and banning bull bars will simply not happen. But there is a dedicated bunch of people who will do everything they can to make owning a 4WD as socially and financially difficult as they can and they will never give up.

sorry for such a long reply but is not a simple situation.

jon
AnswerID: 128232

Follow Up By: Member - John (Vic) - Sunday, Sep 04, 2005 at 15:59

Sunday, Sep 04, 2005 at 15:59
Jon don't be sorry for the length of the reply, its nice to get some info from the horses mouth so to speak.

In your view "Are we being effective in our campaign's" by sending letters and emails etc to our respective pollies either individually or as a collective association such as 4wd Vic or NSW etc or is this a waste of time?
This also leads to the question "How can we be more effective in protecting out hobby etc"?

Does the average Member really care what sections of the community really think? such as the 4wd community.

I don't mean to hijack the origins of this thread as it was about spam, but it seems to good an opportunity to ask questions of a member who it seems is supportive of our hobby, sport and right to own a vehicle of our own choosing.
Many thanks for your time.
VKS737 - Mobile 6352 (Selcall 6352)

Lifetime Member
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FollowupID: 382889

Follow Up By: jon jenkins - Sunday, Sep 04, 2005 at 16:39

Sunday, Sep 04, 2005 at 16:39
>In your view "Are we being effective in our campaign's" by sending letters

Yes yes yes...

Let me give you an example not related to 4WD directly but it demonstrates how effective this is. when the State government called for submissions on the Cape Byron Marine Park (which will effectively ban fishing in almost all the good fishing spots between Ballina and Brunswick) a few of the local fishermen and myself organised about 6,500 submissions against the Marine Park. Now this Marine Park was going to go ahead regardless because it was payback from the Greens preferences. However everytime a fisherman or myself stands up in public or the press or in Parliament we can claim the high moral ground because the extreme environmentalists only managed a few hundred submissions in favour of the Marine Park. So did we stop the Marine Park being declared? no! But we made the State government think very long and very very hard before they declare any more marine parks. Its the same in the 4WD context: let them know we are here!

> and emails etc to our respective pollies either individually or as a
>collective association such as 4wd Vic or NSW etc or is this a waste of
>time?

No it is definitely not a waste of time. The hardest thing is to keep people enthusiastic and keep them writing, e-mailing and phoning only politicians but the media outlets. it's very easy to become cynical and simply give up, but it's really important that people to keep up their little bit weather is writing letters, e-mails or in spreading the word amongst friends and family and workmates every little bit helps.

>This also leads to the question "How can we be more effective in
> protecting out hobby etc"?

Good question!

1: sometime ago the NSW4WDA paid for a media consultant to advise them on their policy and interaction with the press on this issue. basically the media consultants came back with the simple answer: forget the city press concentrate on the regional papers. Unfortunately this appears to be true, whenever I issue a press release concerning the 4WD issue I get good coverage in the regional and rural areas but almost nothing in the mainstream press, TV or radio. that doesn't mean I give up and I keep hammering away particularly at shows like a current affair which give Scruby almost unlimited airtime and never give anyone including myself a chance to robust watches saying. I had hoped that by openly challenging Scruby to a debate on a current affair that they would come to the party but unfortunately Scruby has steadfastly refused.

2: Unfortunately this is where I have to get political! most of the closures of national parks, nature reserves and wilderness areas have no scientific basis, and I say this is a professor of science! It is all about an ideology of "man in his evil machine" and the extremist conservation movement and their relationship to the Green political party. To be more effective people have to realise that all of these decisions are made by politicians whose only real fear is the ballot box and so in order to reverse these decisions we have to be able to have an effect at the ballot box.

> Does the average Member really care what sections of the community
> really think? such as the 4wd community.

Only from the perspective that it may hurt them at the next election. I have said before in public and I'll say it again here: what is the right or proper thing comes a very long way down the list of priorities: as John Howard put it very recently concerning Barnaby Joyce and the sale of Telstra: "Barnaby's first allegiance is to the party"!

> I don't mean to hijack the origins of this thread as it was about spam,
> but it seems to good an opportunity to ask questions of a member
> who it seems is supportive of our hobby, sport and right to own a
> vehicle of our own choosing.

> Many thanks for your time.

Please ask away, I wish I had more time to contribute to the forums but I only get a chance about once a month to check in and find out what's going on.

jon
0
FollowupID: 382893

Follow Up By: Joe - Sunday, Sep 04, 2005 at 20:21

Sunday, Sep 04, 2005 at 20:21
Hi Jon,
RE your comment....
"Yes at both levels. there is absolutely no doubt that a significant number of politicians from both sides of the political spectrum have an anti 4WD agenda.

How can we more effectively identify who these individuals are so we can put some pressure on them by writing to then more regularly?.

Cheers joe

0
FollowupID: 382910

Follow Up By: jon jenkins - Sunday, Sep 04, 2005 at 20:49

Sunday, Sep 04, 2005 at 20:49
>"Yes at both levels. there is absolutely no doubt that a significant number
> of politicians from both sides of the political spectrum have an anti 4WD
> agenda.

> How can we more effectively identify who these individuals are so we
> can put some pressure on them by writing to then more regularly?.

Another damn good question!

Hmm, this is difficult because, to be brutally honest, most big party politicians will not tell you the truth, they are experts in double talk and in being non committal and when that fails they follow the "party line" (and no I don't consider myself to be a politician!).

One way is to present a statement to them such as: "bull bars should be banned in the city" and then ask them whether they agree or disagree with the statement but it is generally very hard to get a straight answer out of them.

Alternatively some people have been a little underhanded about it by "pretending" to be from some anti 4WD/bull bar a group requesting their support. However I don't like deception for any reason and I would always prefer to be straight up with people.

As a last resort you can always go and have a look at the Parliamentary web site which will usually allow you to search for keywords in a particular persons speeches and you may pick up some idea of what this person really stands for. But a word of warning, most speeches for big party politicians are written for them by some spin masters in a back room somewhere and actually don't reflect that much about the politician themselves.

I'm not sure what state you live in Joe but if its New South Wales, Victoria or Queensland and you care to e-mail me privately I can give you a reasonably good guide as to our most ardent supporters and detractors are. am afraid I'm not terribly familiar with South Australia or Western Australian politics.

jon
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FollowupID: 382914

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