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.

1. Spam Act Ten Years On...
Steve Brown, Etienne Lawyers

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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.

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

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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.

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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.

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ACMA

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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.

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Example of Spam

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Examples of Spam

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Examples of Spam

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Example of Spam

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Examples of Spam

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Example of Spam

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Example of Spam

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Example of Spam

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Enforcement Measures
Informal Warnings
Enforceable undertakings
Infringement Notices with penalty
Injunction
Prosecution

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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

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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

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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

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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.

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