Tuesday, October 14, 2014

Netiquette IQ Technical Term of The Day - Implied Consent

Implied consent is an important part of email privacy. If you begin or respond to any type of email contact, it can be argued that you have given consent for that originator to send more messages to you.Always be conscious of the fact that privacy on the Internet is a fragile and vanishing situation at best. We must do all we can to help insure that we can maintain and grow what we now have.
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From whatis.com

Implied consent

Implied consent is an assumption of permission to do something that is inferred from an individual's actions rather than explicitly provided. 

In the context of commercial email and text messages, for example, implied consent may be assumed by the senders because the recipient purchased a product from the sender's website or volunteered with the sender's charitable organization recently. 
Implied consent is a fairly broadly-applied legal concept. Here are a few examples in other contexts:
  • Drivers are assumed to consent to blood alcohol testing. The inference is that the driver understands that driving under the influence is illegal and that they may be subject to testing.
  • If an individual rolls up their sleeve for an injection or to have their blood pressure tested, they are assumed to have given consent and have no legal grounds to claim it was done against their will.
  • In court, if an individual fails to object to a line of questioning within a reasonable time span, implied consent is assumed and they will not be able to object to it in the future.
Implied consent contrasts with express consent, which is explicit verbal or written permission. Anti-spam regulations, such as CAN-SPAM and CASL, differentiate between implied consent and express consent. As a rule, email senders have much greater latitude if recipients have explicitly consented to receive their mailings.
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In addition to this blog, I have authored the premiere book on Netiquette, " Netiquette IQ - A Comprehensive Guide to Improve, Enhance and Add Power to Your Email". You can view my profile, reviews of the book and content excerpts at:

 www.amazon.com/author/paulbabicki


 If you would like to listen to experts in all aspects of Netiquette and communication, try my radio show on BlogtalkRadio  and an online newsletter via paper.li.I have established Netiquette discussion groups with Linkedin and  Yahoo I am also a member of the International Business Etiquette and Protocol Group and Minding Manners among others. I regularly consult for the Gerson Lehrman Group, a worldwide network of subject matter experts and I have been contributing to the blogs Everything Email and emailmonday . My work has appeared in numerous publications and I have presented to groups such as The Breakfast Club of NJ Rider University and  PSG of Mercer County, NJ.

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