advertisement

Spam - Don't go to Gaol

50 %
50 %
advertisement
Information about Spam - Don't go to Gaol
Education

Published on February 15, 2014

Author: EtienneLawyers

Source: slideshare.net

Description

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.
advertisement

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 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.

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

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.

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.

www.etiennelaw.com ACMA

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.

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 Injunction Prosecution

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

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

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

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.

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

For Further Information Contact Steve Brown 8845 2400 sbrown@etiennelaw.com

Add a comment

Related presentations

Related pages

Don't Go - Documents

Don't Go sheet music. Don't Go sheet music. Docslide.us. Upload Login / Signup. Leadership; Technology; Education; Marketing; Design; More Topics. Search ...
Read more

Double You - Please Don't Go - YouTube

Double You Music Video "Please Don't Go" from the album "We All Need Love
Read more

Is it spelt gaol or jail in Australia? | Yahoo Answers

Is it spelt gaol or jail in Australia? ... I looked at her and said "don't you mean Gaol" she said "No ... (GO TO GAOL) before a USA ...
Read more

How do I stop my emails from being labeled as spam ...

How do I stop my emails from being labeled as spam ... emails don't get filtered into Spam. ... that my domains emails go to spam on ...
Read more

About Spam Filters | MailChimp.com: KB Article

In this article, you'll learn more about spam filters and how to determine if you have a problem with your content. ... Don't see what you're looking for?
Read more

Spam and suspicious emails - Gmail Help

Gmail automatically helps identify spam and suspicious emails by ... sender's messages to Spam even if you don't ... will go directly to Spam.
Read more

Why Is My Email Going to The Spam Folder? How To Improve ...

With any email service & any set of contacts you will always have some mail end up in the spam ... Spam Folder? How To Improve Email ... Don’t use your ...
Read more

Legitimate mail is marked as spam - Gmail Help

Legitimate mail is marked as spam. ... Just select the message, and click the Not Spam button that appears at the top and bottom of your current view.
Read more

Mike Posner - Please Don't Go - YouTube

Music video by Mike Posner performing Please Don't Go, on You Tube.
Read more