mrwireless writes with a bellwether from The Netherlands of a problem that is bound to spread. Judging by the CAN SPAM Act, the US would be even less likely than the EU to classify Bluetooth-borne commercial spam as spam. "The Dutch OPTA, a national telecommunications watchdog, has decided not to label commercial Bluetooth messages as spam (in Dutch, but Babelfish works). These messages seem to fall through a loophole in European laws against spam since they do not travel through an 'intermediary network.' The issue was raised last week when a Dutch broadcasting agency outfitted a number of bus stops so they would send a promotional video of an upcoming show to passersby. Although the messages first asked if people wanted to watch the video, the article quotes a lawyer who believes that this does not qualify as 'opt-in' advertising. As more and more people leave Bluetooth turned on to make use of their Bluetooth headsets, Bluetooth close-range messaging, such as through bluejacking, is increasingly being exploited for commercial purposes."
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