Cunliffe studies options to close the can on spam

By ADAM GIFFORD

The Government is preparing to act against spam.

Associate Information Technology Minister David Cunliffe is in Australia this week looking at new legislation that cracks down on unsolicited emails.

"It's a hard problem to solve," Cunliffe said.

"The starting position is to go for 'opt in' - which is what Australia and the European Union are doing, rather than the US approach of opt out which, prima facie, legitimises spam."

"Opt in" means commercial emails can be sent only to people who have indicated they are willing to receive emails on a particular topic. The "opt-out" approach requires people to register themselves as being unwilling to receive unsolicited emails.

Legislation now before the Australian Parliament will allow the Australian Communications Authority to take persistent spammers to court and seek fines of up to A$1.1 million ($1.25 million) for each day spam is sent.

For a first offence, the fine is up to A$44,000 for individuals and A$220,000 for organisations. The courts will also be able to compensate those who have suffered losses because of spammers.

Electronic address harvesting tools and address lists will be banned.

The law applies only to Australia-based spammers. Australia's Information Technology minister, Senator Richard Alston, concedes that co-operation with other governments will be essential to get on top of the problem.

"The bulk of spam seems to originate in the US, and if the US goes down the same path as us by adopting an opt-in model, then I think that will make a very big difference," Alston said.

In Britain, regulations which come into force on December 11 will mean spammers can be fined £5000 ($13,800) in a magistrates court or receive an unlimited penalty from a jury.

However, the law applies only to emails sent to individuals who have not opted to receive it. It does not cover business email addresses.

Critics say this will, in effect, legalise the spamming of British businesses.

In Italy, spammers can be fined up to €90,000 ($173,000) and face jail terms of three years.

Cunliffe said he would work with the Internet Society and the Direct Marketing Association on a draft plan.

"Longer term, we would want to be part of international initiatives, because most of our spam comes from overseas."

InternetNZ president Keith Davidson said as other countries introduced anti-spam laws, it was essential for New Zealand to act.

His organisation was pushing for laws to hit hardcore spammers like the Nigerian letters and the penis enlargement people, so that New Zealand did not become a haven as other countries cracked down.

He said most New Zealand internet service providers worked together to stop spam. So far there had been no high-volume spam operation operating from a New Zealand ISP.

IT law specialist Chris Patterson, who chairs Coalition Against Unsolicited Bulk Email, said spam was driving up the cost of internet access.

"Spam is estimated to cost business annually over $1000 per worker with internet access," Patterson said.

He said individuals could now use trespass statutes or Crimes Act provisions against spam, but it would be expensive and hard to secure damages.