Hi Phil, On Sat, Apr 12, 2008 at 08:20:56PM +0100, Phil Thompson wrote: > Andy Smith wrote: > > >And he would be happy to set precedent in a court room over what the > >definition of "electronic mail" is? > > probably, they do it all the time. They look at the evidence presented, > seek precedents, make a judgment and it becomes a precedent until > subsequently corrected or improved upon by others.
I think it unlikely, but you know them better than me. > >>How would you argue that a URL to a web form complies with the S.I. :- > > >>(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. > > I'm not arguing that sending a message via a web form is not email, as > it usually is email, but that it may not *provide the email address" on > the web site.. "http://example.com/contact"; is the email address. > >You are focusing on technical implementation details. > > not really, I'm focussing on the lack of a piece of information. Can I > read the website, see an email address, write it down and use it later ? > If so I'm sure it complies. You can use "http://example.com/contact"; later. > >>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? > > yes. The law not only requires that you can communicate at the time (for > example when buying something) but also subsequently hence it requires > that an email address is provided for future reference. The DSR refers > to sending notice of termination to the last known email address for > example. You can use "http://example.com/contact/"; subsequently. "http://example.com/contact"; can function as a last known email address. > >>but there is an explicit requirement for an email address. > > > >And one of those is legally defined as..? > > http://www.lc-law.co.uk/pdf/TheCompaniesRegulations.pdf came to the view > that :- Only an opinion, and mine differs. I expect when SMTP email is regarded as a quaint relic of a bygone age, lc-law and out-law will update their recommendations without there being any corresponding change in the actual law. Can we stop now? Cheers, Andy -- http://bitfolk.com/ -- No-nonsense VPS hosting Encrypted mail welcome - keyid 0x604DE5DB
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