WAIA | Western Australian Internet Association – Western Australian Internet Association

Western Australian Internet Association (Incorporated)
Unsolicited Bulk Internet Communication (UBIC) Policy, Version 1.28
Status: Accepted by Special General Meeting, August 27th 2002.

1. Definitions.

1.1 "Internet Communication" is any means of communication between one  or more parties which is partly or entirely transmitted via the  Internet. This includes but is not limited to email, IRC, ICQ,  email-to-SMS gateways, email-to-fax gateways, Instant Messenger and  UseNET newsgroups.

1.2 The "message" is the contents of the Internet Communication.

1.3 "Unsolicited Bulk" communication is when several substantially similar messages are sent via Internet Communication where:

a) If the sender is a business or organisation, the message is sent to  persons, businesses or organisations with whom there is no existing  commercial relationship, or who have not explicitly and knowingly  requested that type of message, or who have requested the sender to cease sending further messages or;

b) If the sender is an individual, the message is sent to persons, businesses or organisations who have not explicitly and knowingly requested that type of message, or who have requested the sender to cease sending further messages;

and under one or more of the following circumstances:

i) The message is relayed through a third party without the consent of that party;

ii) The message does not include valid details as to the correct legal identity, Internet contact details and physical address of the sender;

iii) The message is sent to individuals, businesses or organisations whose Internet contact details were purchased or acquired by the sender from a party other than the recipient or a list or directory in which the recipient included their contact details for receiving messages of a specific nature;

iv) The message does not provide the recipient with functional and effective systems, processes and procedures which may be used by the recipient to communicate with the sender.

v) The recipient has previously explicitly and knowingly opted to receive one or more messages, but has since requested that the sender cease their transmissions to the recipient;

vi) The message requests the recipient to forward or copy the message to other non disclosed persons, businesses or organisations;

vii) The message is sent to a forum which does not permit the type of message being sent;

viii) The message is under all the circumstances and on reasonable grounds an unacceptable abuse of the recipient's privacy.

2. Obligations of WAIA individual members.

2.1 A WAIA member shall not knowingly send UBIC, or permit their computer or network to be used to send UBIC.

3. Obligations of WAIA corporate members.

3.1 A WAIA member shall not knowingly send UBIC, or permit their computer, network or facilities to be used to send UBIC;

3.2 A WAIA member shall protect the privacy of email addresses in that member's possession, custody or control;

3.3 A WAIA member shall not engage or employ any person to send UBIC on that member's behalf;

3.4 A WAIA member shall ensure that any UBIC activity reported as originating from that member's computer, network or facilities is investigated and, if confirmed, immediately ceased; and

3.5 A WAIA member shall ensure that any UBIC activity targeted at promoting facilities hosted by the member are investigated and, if confirmed, the facilities are removed.

4. Obligations of WAIX members.

4.1 A WAIX member shall not knowingly send UBIC, or permit their computer, network or facilities to be used to send UBIC;

4.2 A WAIX member shall protect the privacy of email addresses in that member's possession, custody or control;

4.3 A WAIX member shall not engage or employ any person to send UBIC on that member's behalf;

4.4 A WAIX member shall ensure that any UBIC activity reported as originating from that member's computer, network or facilities is investigated and, if confirmed, immediately ceased;

4.5 A WAIX member shall ensure that any UBIC activity targeted at promoting facilities hosted by the member are investigated and, if confirmed, the facilities are removed;

5. Complaints.

5.1 A complaint that a WAIA member has been in breach of the obligations applicable to that class of member may be made by any person or body corporate in writing to WAIA.

6. Investigation.

6.1 Upon receipt of a complaint pursuant to clause 5.1, the WAIA committee, its delegate, employee or agent ("the Investigator") shall investigate the complaint;

6.2 The Investigator may, at their discretion, dismiss the complaint as trivial, frivolous or vexatious upon receipt;

6.3 The Investigator shall not be bound by laws of evidence and may require a response from a WAIA member within such time period as the Investigator thinks fit;

6.4 If the Investigator finds the complaint is sustained, the Investigator shall advise the complainant and member under complaint accordingly;

6.5 The Investigator shall advise the member under complaint as to penalty under clause 7; and

6.6 The Investigator shall make a full written report of the complaint investigation and the penalty applied, and advise the WAIA Committee accordingly.

7. Penalties.

7.1 Offences committed by members.

a) First offence:

i) if the member under complaint undertakes not to permit a further breach of this policy, no further action;

ii) in any other case - a fine of up to FIVE HUNDRED DOLLARS.

b) Second offence:

i) if the member under complaint undertakes not to permit a further breach of this policy, a fine of up to FIVE HUNDRED DOLLARS;

ii) in any other case - termination of membership.

c) Third offence:

i) Termination of membership.

7.2 Offences committed by members' clients.

a) For any offences:

i) if the member's client is responsible for the UBIC but not a previous breach of this policy, and the member undertakes not to  permit a further breach of this policy by their client, no further  action;

ii) if the member's client is responsible for the UBIC and one previous breach of this policy, and the member undertakes not to permit a further breach of this policy by their client, no further action;

iii) if the member's client is responsible for the UBIC and two  previous breaches of this policy, and the member undertakes not to permit a further breach of this policy by their client, a fine of up to FIVE HUNDRED DOLLARS;

iv) in any other case - termination of membership.

7.3 Fines must be paid, and undertakings made, within 7 days of the decision being communicated to the member under complaint.

8. Termination.

8.1 Upon termination of membership, the member is forbidden all access to WAIX facilities upon 7 days' written notice from WAIA.

9. Appeals.

9.1 A member aggrieved by the decision of an Investigator may appeal to an arbitrator or panel of arbitrators convened in accordance with WAIA's Arbitration Policy ("the Arbitration Panel"), by written notice, setting out the grounds of the appeal;

9.2 Upon receiving the notice of appeal, the Arbitration Panel shall consider the appeal within 30 days, and all fines or teminations related to the appeal shall be suspended;

9.3 The Arbitration Panel may make its own assessment of any facts found by the Investigator, and may reduce, increase or substitute the penalty applied by the Investigator at its absolute discretion subject to this policy, with or without conditions;

9.4 The Arbitration Panel's decision is final; and

9.5 WAIA shall execute the findings of the panel in accordance with Section 7.

10. Re-admission to Membership.

10.1 A member whose membership was terminated pursuant to clause 7 may apply in writing to the WAIA committee to be reinstated to membership;

10.2 Upon receiving the application, the WAIA Committee will consider the matter within 30 days;

10.3 The WAIA committee may reinstate the member with or without conditions; and

10.4 The WAIA committee's decision is final.

11. Outcomes.

11.1 The outcome of any complaint not dismissed as trivial, frivolous or vexatious will, at the discretion of the WAIA committee, be publicly disclosed via the WAIA website.