Benoit Panizzon wrote:
So the Mailchimp Abuse Desk was asked, with reference to the according
legal articles and proof that the email was sent by their customer, to
please disclose the identity of the customer sending those emails.
Mailchimp always answers, that they are a US company and are only
obliged to US law where providing an opt-out link is good enough and
disclosure of the identity of their customer is not possible under US
law. Also they can not block a customer because of spaming if the
customer provides an opt-out mechanism, which is all what us laws
require.
You know this amuses me and I wonder if the EU law is in anyway similar
to the Au law which you didn't mention...
In AU law it specifically states that a company is considered within the
AU jurisdiction and therefore subject to AU Law (the Spam Act 2003) if
it delivers email to Australian domains and/or Australian Hosted
domains/mailboxes. I wonder how Mailchimp would answer that... I
wonder how it holds up in the real world?
Regards,
--
Michelle Sullivan
http://www.mhix.org/
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