SPAM, AND NOTHING BUT SPAM
by Gillian Tarawhiti, Community Training Centre

For the new and possibly the old netpreneurs SPAM is the common term for electronic 'junk mail' - unwanted messages sent to a persons' email account or mobile phone. The SPAM act (CAN-SPAM ACT, EUROPEAN SPAM ACT, AUSTRALIAN SPAM ACT) identifies SPAM as unsolicited commercial electronic message(s). The act covers email, instant messaging, SMS (mobile phone text messaging) and MMS (mobile phone graphic messaging). Under the SPAM act all commercial electronic messages must meet the following conditions. Any message that doesn't meet all three of these conditions is defined as SPAM.

1. You must have CONSENT
2. You must IDENTIFY yourself
3. You must provide a way to unsubscribe

If we use this forum as an example of all three, you will find that in order to gain access to this forum in terms of posting. You had to complete a registration that in part advised that you agreed to certain terms and conditions. In doing so you EXPRESSED CONSENT. By registering to this forum you have also IDENTIFIED yourself beit as a non-de-plum In terms of unsubscribing, every email that you receive from this forum has a unsubscribe in it, also you have an 'ignore' facility which in part as the same effect.

COMMERICIAL ELECTRONIC MESSAGE

To decide whether an electronic message is 'commercial', the Act looks at all of the following: •the content of the message •the way in which the message is presented; and •any links, phone numbers or contact information in the message RAMIFICATIONS OF SPAM TO YOU! If you have been accused of SPAM activities you will be asked to prove that you have not committed the offence. If you are unsuccessful in that approach you IP (Internet Provider) will withdraw all services to you i.e. close your website. If you are using an autoresponder to hold your subscriber list and are sending messages via that service, your autoresponder will automatically suspend your account unless you can prove your innocence. Penalties for breach of the Act range up to $1.1 million per day; the legislation also allows for the making of orders for spammers to relinquish profits and pay compensation to spam victims. So in short, there are 3 things that can keep you in the clear of such violations.

1. Get Consent - Expressed or Inferred
2. Identify yourself
3. Provide a way for people to unsubscribe from receiving further emails

Before I finish this article, I would like to add that this is just a brief overview of the act and that it would be in your best interest to actually read and implement the practices.

About the author:
Gillian Tarawhiti, is Founder and CEO of Community Training Centre, an Australian-based Internet Marketing firm that works with individuals and organisations © 2004
Permission is granted to reprint this article in print or on your web site so long as the paragraph above is included and contact information is provided to www.millionairerippleeffect.com.