You are really speaking of the "soft opt in" when this all came into force,
I think.
Let's not get into a debate about the US Constitution though! Politics is
business, you know, and is commercial. When you guys had that election the
other month I kept getting bush and kerry emails - I am not even IN the USA
and "am not now, nor have I ever been" a citizen. Now, to me that is SPAM.
The more so since it missed the target by miles :)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Charles Prescott
Sent: 31 January 2005 21:12
To: [log in to unmask]
Subject: Re: [data-protection] Unsolicited mailing from political party
If memory serves, the Belgian, Swedish and French DPA's all gave formal
rulings that companies could send a message to their customers one time only
to ask them if they would like to opt-in. The time frame to do that has
lapsed. The position was founded on the premise that as long as the messge
did not contain an offer, it was somehow less "commercial". In fact, it was
founded on the fact that these DPA's appreciated that this change in law was
potentially a commercial disaster and they wished to mitigate that.
I must say a Constitution with a bill of rights that says political
discourse is protected is a nice thing to have, in my view. While political
party propaganda may be annoying or welcome, and anywhere in between, I fail
to see that it is "commercial" as in "unsolicited commercial e-mail".
Focusing on a medium and banning "all" unsolicited speech therein does seem
to me dangerous for political liberties.
Charles A. Prescott
Vice President, International Business
Development & Government Affairs
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036
U.S.A.
Tel. +1-212-790-1552
Fax. +1-212-790-1499
e-mail: [log in to unmask]
>>> Roland Perry <[log in to unmask]> 01/31/05 03:40PM >>>
In message
<!~!UENERkVCMDkAAQACAAAAAAAAAAAAAAAAABgAAAAAAAAAh8IWNoVXQESwWrgvRgp6R8KAA
[log in to unmask]>, at
20:32:06 on Mon, 31 Jan 2005, Tim Trent
<[log in to unmask]> writes
>>From that document I have culled this; "Arguably you could contact
>>that
>person by email with a low-key message to ask them whether they are
>happy to hear from you by email in the future."
Don't forget what it goes on to say:
"Arguably you could contact that person by email with a low-key
message to ask them whether they are happy to hear from you by
email in the future. However, before you do so, you must check
with the list broker that the intended recipient has given
consent to receive unsolicited marketing messages by email from
third parties that is cast in terms that are broad enough to
clearly embrace promotional messages from your political party.
Once you have obtained those assurances from the list broker, it
is for you to decide whether that individual would welcome such
contact by email."
--
Roland Perry
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