One might also argue that the network is the Bluetooth 'space' in which
devices roam about in and out of range. In fact as devices become more
popular a busy area might have perhaps 5-10 devices in range, regardless
of who is peered to who or who is actually transmitting data. Mere
discover of other handsets on an ad-hoc basis would indicate to me that
a network is certainly in place. The fact that the range of the devices
is poor and they don't all see each other is a technicality.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 18 April 2007 09:47
To: [log in to unmask]
Subject: Re: [data-protection] When is spam not spam?
I have been doing some research, prompted also by a comment left on my
blog and a reply to it:
http://timtrent.blogspot.com/2007/04/blutooth-broadcast-is-bluespam.html
is the specific blog message (tiny http://tinyurl.com/2z6smx ) and the
comment
included:
"So where is the network? If device A connects directly to device B by
Bluetooth there is no network between them. Any court would decide that
the words were inserted with a purpose, and that the existence of the
words in the regulations cannot be disregarded."
This got me thinking hard about networks, but not enough to research,
but the anon comment lower did:
"....of course Bluetooth is a network. The answer to where the network
is if device A connects directly to device B is a simple one: device A
and B make the network. They are the two endpoints out of which the
network is built."
And anon is right. There will be some Computer Science definition of a
network which confirms this. But the Wikipedia article on Bluetooth at
http://en.wikipedia.org/wiki/Bluetooth (with all Wikipedia's faults
acknowledged) is pretty compelling in its opening paragraph.
The UKIC has acknowledged my enquiry and is passing it for answering.
This is a slow process, so I have aimed them at their own guidance note.
I hope to be able to report at least our regulator's opinion on Bluespam
when I get a full reply.
It seems to me that this is an area that is not entirely cut and dried,
and where lawyers will make money.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 12 April 2007 15:05
To: [log in to unmask]
Subject: Re: [data-protection] When is spam not spam?
In message
<!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAABf1HjlgMVRBlB9J
x
[log in to unmask]>, at 12:40:32 on Thu, 12 Apr
2007, Tim Trent <[log in to unmask]> writes
>While you may well be right, Roland, the sentence " Marketing messages
>transmitted using 'Bluetooth' technology, for example, messages sent to
>all 'Bluetooth' enabled handsets within a given radius, are also
>considered to be 'electronic mail'" does look compelling.
It's just Guidance, and I agree it's compelling (or should that be
"simply quite obvious") that they are emails.
What's not compelling to me is that they are emails over a public
network (which they need to be, to be caught by PECR).
But we are just spinning our wheels here. I think I'll ask the chap who
wrote the relevant section of the Comms Act (containing the definition
of PECN upon which PECR relies) what he thinks! And let you know.
--
Roland Perry
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