I think the point is that Bluetooth is simply the method of transmission
not the message. Is something transmitted using Bluetooth an email? I
think that you could argue that it is.
You might have problems defining Bluetooth as a public network, although
I suspect you could build some sort of case based on Bluetooths cellular
nature which is somewhat similar to the cell phone.
Chris Tinsley MSc
Wiltshire County Council
Information is the key
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 04 April 2007 14:40
To: [log in to unmask]
Subject: Re: [data-protection] When is spam not spam?
In message
<[log in to unmask]>, at
13:31:20 on Wed, 4 Apr 2007, Paul Dodgson <[log in to unmask]> writes
>I thought that The Privacy and Electronic Communications (EC Directive)
>Regulations 2003 relate to fax email SMS, MMS and telephone calls
SMS is mentioned as being included in the category "email".
Always dangerous to include technology-specific references in
regulations :(
>- so how do we classify the use of Bluetooth sending users contact
>lists. I suppose the test is, `is Bluetooth contact sending a public
>communication service' - I guess not.
I doubt that the Bluetooth transmission counts as "sent over a public
electronic communications network".
There's bound to be someone inside Ofcom who has looked into this, it's
just a matter of finding who, and asking what they thought about it!
--
Roland Perry
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