Hi Phil,

On Sat, Apr 12, 2008 at 07:02:56PM +0100, Phil Thompson wrote:
> I know a Judge and he uses Outlook for Email and IE7 for web browsing. 
> He would certainly know an email address from a URL, and what to do with 
> each of them, even if he has to get me to reboot his ADSL router :-)

And he would be happy to set precedent in a court room over what the
definition of "electronic mail" is?

> How would you argue that a URL to a web form complies with the S.I. :-
> 
> "(a) the name of the service provider;
> (b) the geographic address at which the service provider is established;

It obviously doesn't comply with either of the above and I wouldn't
argue that it does.

> (c) the details of the service provider, *including his electronic mail 
> address*, which make it possible to contact him rapidly and communicate 
> with him in a direct and effective manner;"

If forced to defend this I would argue that sending a message via a
web site *is* electronic mail and I'd be fairly confident that you'd
not be able to refute it because I don't believe there is any legal
definition of what electronic mail is.  Nor should there be.

If you did try then I'd be bringing up gmail, lots of other
web-based email, and all the TV and radio programmes which say
"email us from our website, www.example.com.."

You are focusing on technical implementation details.

> I can see how the web form does the last bit,

Since the purpose of the law is clearly in the last bit and you have
just agreed that a web form can satisfy that, do you still feel
confident that you could convince judge and jury that it is not
sufficient?

> but there is an explicit requirement for an email address.

And one of those is legally defined as..?

Do you think that anyone wants to spend time and money in a court
arguing that "http://example.com/contact"; is NOT an electronic mail
address?  No, I think this sort of debate is going to happen only on
the Internet between people who have far too much time on their
hands. :-)

Cheers,
Andy

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