Spam Act Ten Years On...
Steve Brown, Etienne Lawyers
www.etiennelaw.com
www.etiennelaw.com

Spam!!!!
Monty Python
Mark Bender:
“The concensus as to the etymology of the term spam seems to be tha...
www.etiennelaw.com

Every day meaning of spam
Unsolicited message
Sent out in bulk
marketing a legitimate or illegitimate ...
www.etiennelaw.com

The Problem with spam
Blocks and slows down internet with useless messgaes
Consequential problems
Prod...
www.etiennelaw.com

Spam Act, 2003
regulates the sending of:
email;
mobile phone messages (short message service -SMS, mul...
www.etiennelaw.com

ACMA
www.etiennelaw.com

5 Conditions that govern the application of the Spam Act
Commercial
Context
Australian Link

The conte...
www.etiennelaw.com

Example of Spam
www.etiennelaw.com

Examples of Spam
www.etiennelaw.com

Examples of Spam
www.etiennelaw.com

Example of Spam
www.etiennelaw.com

Examples of Spam
www.etiennelaw.com

Example of Spam
www.etiennelaw.com

Example of Spam
www.etiennelaw.com

Example of Spam
www.etiennelaw.com

Enforcement Measures
Informal Warnings
Enforceable undertakings
Infringement Notices with penalty
Inju...
www.etiennelaw.com

Informal Warnings
4,206 issued in 2011-12
Penalties that can be
issued substantially
less than under a...
www.etiennelaw.com

Enforceable Undertaking
EU made 19/10/12 to
inter alia report
quarterly that it has
implemented spam
t...
www.etiennelaw.com

Undertakings the ACMA has accepted
Spam Act
Tiger Airways Holdings Ltd October 2012
EventsHQ Pty Ltd M...
www.etiennelaw.com

Infringement Notice
DC Marketing was issued with a $149,600 penalty for 102
contraventions of 'missed ...
www.etiennelaw.com

Injunction & Prosecution
Australian Communications and Media Authority v Mobilegate
Ltd A Company Inco...
For Further Information Contact
Steve Brown
8845 2400 sbrown@etiennelaw.com
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Spam - Don't go to Gaol

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Are you sending spam, do you know what spam actually is. Did you know you could go to gaol for sending spam? This presentation will answer your questions.

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Spam - Don't go to Gaol

  1. 1. Spam Act Ten Years On... Steve Brown, Etienne Lawyers
  2. 2. www.etiennelaw.com
  3. 3. www.etiennelaw.com Spam!!!! Monty Python Mark Bender: “The concensus as to the etymology of the term spam seems to be that: it was derived from the widely popular Viking Spam skit from Monty Python…the couple in the cafe could not hold a conversation over the din of vikings yelling and singing "spam, spam, spam, spam". It seems quite analogous to the problem of having intelligent conversation on a newsgroup when there is a mass of unrelated trash to wade through.
  4. 4. www.etiennelaw.com Every day meaning of spam Unsolicited message Sent out in bulk marketing a legitimate or illegitimate good or service
  5. 5. www.etiennelaw.com The Problem with spam Blocks and slows down internet with useless messgaes Consequential problems Productivity lost by having deal with spam (Stated in the Second Reading Speech to be in 2003 as $900.00 per employee per annum.); Monetary loss at the hands of fraudulent spammer’s; and Minor’s exposure to offensive and in appropriate content.
  6. 6. www.etiennelaw.com Spam Act, 2003 regulates the sending of: email; mobile phone messages (short message service -SMS, multimedia message service - MMS); instant messaging – iM; regulations provide for the definitions to be amended to accommodate new technology.
  7. 7. www.etiennelaw.com ACMA
  8. 8. www.etiennelaw.com 5 Conditions that govern the application of the Spam Act Commercial Context Australian Link The content of the CEM must be commercial, an advertisement, or sales pitch either legitimate or as part of a scam The originations of the CEM must have a connection or association to Australia Consent Only send CEM’s with the addressee’s consent – either express or inferred consent – Opt In principle behind the Spam Act Identity Include clear and accurate information about the person or business that is responsible for sending the CEM Unsubscribe Ensure that a functional unsubscribe facility is included in all CEM’s. Deal with requests to be removed from a distribution list promptly.
  9. 9. www.etiennelaw.com Example of Spam
  10. 10. www.etiennelaw.com Examples of Spam
  11. 11. www.etiennelaw.com Examples of Spam
  12. 12. www.etiennelaw.com Example of Spam
  13. 13. www.etiennelaw.com Examples of Spam
  14. 14. www.etiennelaw.com Example of Spam
  15. 15. www.etiennelaw.com Example of Spam
  16. 16. www.etiennelaw.com Example of Spam
  17. 17. www.etiennelaw.com Enforcement Measures Informal Warnings Enforceable undertakings Infringement Notices with penalty Injunction Prosecution
  18. 18. www.etiennelaw.com Informal Warnings 4,206 issued in 2011-12 Penalties that can be issued substantially less than under a prosecution “send to friends” function on Happy meal site - Spam
  19. 19. www.etiennelaw.com Enforceable Undertaking EU made 19/10/12 to inter alia report quarterly that it has implemented spam training ACMA v JER Pty Ltd [2012] FCA 1198 Ct enforced undertaking
  20. 20. www.etiennelaw.com Undertakings the ACMA has accepted Spam Act Tiger Airways Holdings Ltd October 2012 EventsHQ Pty Ltd March 2012 Nokia Corporation January 2012 Urban Agent (trading as JER Pty Ltd) November 2011 Virgin Blue (Australia) Pty Ltd December 2010 Best Buy Australia Pty Ltd August 2010 Virgin Mobile (Australia) Pty Ltd March 2010 Funmobile Australia Pty Ltd February 2010 Commonwealth Securities Ltd January 2010 Vodafone Hutchison Australia Pty Ltd Oct 2009 Big Mobile Pty Ltd October 2009 New Dialogue Pty Ltd October 2009 MYOB Australia E1 Pty Ltd August 2009 EMX Pty Ltd December 2008 Oxygen8 Communications Pty Ltd December 2008 DC Marketing Europe Ltd August 2007 Pitch Entertainment Group Ltd July 2007 Qidi Enterprise Pty Ltd January 2006 William Holland December 2005 Australian SMS Pty Ltd July 2005 Simon Burdett April 2005 Ourguide.com October 2004
  21. 21. www.etiennelaw.com Infringement Notice DC Marketing was issued with a $149,600 penalty for 102 contraventions of 'missed call' marketing. When the mobile phone owner returned the missed call, they received marketing information from DC Marketing. Missed call marketing involves the sending of short duration calls to mobile phones, thereby leaving a 'missed call' message on the phone.
  22. 22. www.etiennelaw.com Injunction & Prosecution Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No2) [2009] FCA 887 Injunction from setting up fictitious dating profiles sending unsolicited CEMs which cost at least $5 to answer Injuncted and fined $15,750,000
  23. 23. For Further Information Contact Steve Brown 8845 2400 sbrown@etiennelaw.com

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