Re: European DB-law was: Re: SpamWhack

[Roland Perry <]

In article <NEBBLPLAGKHKDLOBJJDGKEMACJAA.cobben@localhost>, Thijs Cobben
cobben@localhost writes
>Iho there are three conditions to allow an insert in any database (and
>everything is a database) :
>
>       1. notification of insertion in database
>       2. notification of purpose of database
>       3. and this is the interesting point: be offered the right of resistance
>(in spammers terms: unsubscribe mechanism)
>
>So, if an organization were to insert me in their spamming archives, all I
>need to do is formally notify them of my wish to be removed from that
>register.
>
>If the anti-spamming organization does not respond in adequate fashion (by
>removing and informing me of removal) they are in violation of the law in
>most european countries and they 'violate' the EU directive.

Is this the Data Protection Directive?

>---------------
>
>RIPE-ANTI-SPAM-WG should iho take the lead in controlling the (European
>arena wide) centralized unsubscribe database for spammers to dedupe their
>addresses with. 

No! It is strongly believed that opt-out databases are the WRONG
approach.

>This is a much better solution than having a - probably
>illegal - database with all the spammers in it for the ISPs - also take into
>acct. the respected Mr. Beertemas numerous remarks in this list on the
>dangers of false-positive spam-tests in mailfilters.
>
>For the Netherlands this register is in the hands of the DMSA (Direct
>Marketing Stichting Associatie), an organization to which all 'official'
>direct marketeers in NL are a member (and large companies won't market with
>non-official organizations). It is a system of self-regulation. However, the
>e-Direct-Marketeers are not all a member of this organization, and
>amateurism still rules the eDM-services marketplace...

Even amateurs can be prosecuted for breaking the law, or have their
Internet Access cut off because they are spammers.

>My organization would take pride in carrying the 'RIPE-approved' logo and to
>adhere to a reasonable set of standards and regulations laid out by an
>official organization like RIPE.

Have a look at the LINX, now also RIPE, SPAM-BCP; we certainly welcome
ISPs who declare they have "signed up".

http://www.linx.net/noncore.bcp

We are also working on an Opt-in BCP. I'm not sure if this is ready
enough to put before the RIPE WG this time round, but I'll delegate that
decision to Rodney.
-- 
            Roland Perry | tel: +44 1733 207705 | roland@localhost
             Interim CEO | fax: +44 1733 207729 | http://www.linx.net
London Internet Exchange | mbl: +44 7050 604080 |       /contact/roland