ACA sets up spam bill enforcement team

The Australian Communications Authority (ACA) is establishing a "dedicated unit" which will enforce the Spam Act 2003, passed through the Senate yesterday.

ACA acting chairman Dr. Bob Horton said the regulatory body will assume responsibility for regulating the e-marketing industry, and according to the Minister for Communications, Information Technology and the Arts, Daryl Williams, will cooperate with international bodies in sharing intelligence and information about "spam related activities". The National Office for the Information Economy and the ACA signed a memorandum of understanding in October with the Korea Information Security Agency (KISA), in what is hoped will be the first of "many such international agreements", statements issued by the minister and the ACA said.

"The ACA sees this as a first step in a global effort to combat spam," Horton said.

"We know from consulting with consumers that they are sick and tired of receiving spam," he said. "The passage of this legislation means that the ACA will be able to regulate the e-marketing industry in the same way it deals with the telecommunications industry."

The ACA has flagged cooperation with the industry in enforcing the new law. "The unit would be working with industry to develop appropriate codes for registration, and to investigate spamming and ensure code compliance," a statement issued by the ACA read.

"Enforcement of the new anti-spam law will be based on encouragement to comply," Horton explained. "The extensive powers under the legislation will be used as a last resort."

"Early indications are that industry supports strong action against spam," he added.

The ACA will be given authority to enforce undertakings, issue formal warnings and court injunctions, issue infringement notices and fines and seek court imposed penalties.

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