[Linux-aus] Access to membership list?

[Noel Butler]

On Mon, 2012-12-17 at 19:34 +1100, Andrew Donnellan wrote:


> 
> On 17/12/12 18:37, Noel Butler wrote:
> > p6a should be amended to remove the bit of newsletters, if I didn't
> > ask for it, then its a breach under the Spam Act, yes a breach
> > because it would be an individual member sending it, not L.A., and
> > if it was a L.A endorsed newsletter, then, it would be sent by
> > official means which would not require a member seeking access to a
> > members database to do it.
> 
> No - if the member is acting as an officer of the association, or by
> the delegated authority of the association, then the association is


As I said, if a member requests the details of members so they can send
UBE, then it breaches the spam act
as it is not a sanctioned broadcast message and not requested., for
instance if you requested all members emails so you can send a
newsletter, it is a breach of the act since you are not officially
sending OBO LA



> In any case, it would only a breach of the Spam Act if the particular
> message falls within the definition of "unsolicited *commercial*
> electronic message" in said Spam Act.
> 


indeed , which is exactly what it would be.

> > 
> > I think the Federal Privacy Commissioner would have some serious 
> > concerns about some or a lot of S7.
> 
> When you sign up to be a member of LA, that implies acceptance of the
> Constitution, which has the legal force of a contract (see


exactly why it needs changing, it is too relaxed, however, the
constitution, can not override federal law 



> 
> In any case, by becoming a member of the association, you agree to it,


No, we agree to newsletters from LA, not from "some joe average member"



> Andrew
> (who has spent far too long reading the Associations Incorporation Act
> in recent months)
> 


Cheers
Noel 
(who has spent many years as an ISP abuse desk manager)


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