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Author: TMFSpeck Big red star, 1000 posts Top Recommended Fools Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 16444  
Subject: Re: Oops. Date: 1/20/2005 11:50 AM
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"All bulk email sent to recipients who have not expressly registered permission for their addresses to be placed on the mailing list, and which requires recipients to opt-out to stop further unsolicited bulk mailings, is by definition Unsolicited Bulk Email. The sending of Unsolicited Bulk Email is illegal in most of Europe and is against all ISP Terms of Service worldwide."

If I understand jiml8's original post, he had an existing mailing list to which he sent a marketing piece, inviting the recipient to opt-in to recieve more.

And, if I understand the definition above correctly, if one doesn't have express permission for the mailing and one requires opt-out, then one is sending UBE.

The OP omitted some key information (where did the addys come from, was there an unsub link, was there clear contact info, etc.). However, it could be that jiml8's mailing said "At some point you requested info via email from me. Here's a sample. If you'd like more, opt-in for a subscription. You will receive no further messages unless you opt in. Here is my mailing address and contact information."

While such a message may be "spam" by a strict definition (any non-transactional business email that wasn't specifically requested), it wouldn't necessarily be UBE, and, furthermore, would likely pass muster with CANSPAM laws (NOTE: I am not a lawyer).

jiml8's not requiring opt-out. He's requiring opt-in. Presumably those who don't opt in would then recieve no more emails from jiml8.

Subtle difference, but an important one nonetheless.

Side note:
I am not necessarily taking a personal or professional position here - just raising further points for question and discussion. I don't think there's anyone here who doesn't think spam is an enormous problem, but in the real world, there's still plenty of confusion surrounding exactly what it is and what to do about it.

I've disagreed with many of you on various matters (and in various contexts), but have found, on this board in particular, lots of intelligent advice and insight on a number of subjects. I sincerely hope we can continue spirited debate of important issues such as this with the open-mindedness, respect, and intelligence I've come to come to expect on Webmaster's Corner.

peace,

Speck

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