AU Spam Act knocks down spammers

The Spam Act 2003 has led to the closure of several major Australian-based spammers, the Australian communications Authority (ACA) claimed today.

Acting ACA chairman Dr Bob Horton said that the thwarted spammers had reacted to an ACA warning in late March that the Act was due to come into force in April and that they would need to comply with it.

"The ACA's initial focus was on spammers allegedly sending high volumes of offensive unsolicited material including pornography and marketing for products such as herbal Viagra," said Horton.

"At the end of the first three months of the Spam Act it appears that these particular major players have stopped operating in Australia because complaints about them stopped when the Act came in on 10 April".

The international anti-spam watchdog Spamhaus has confirmed the closure of the spammers. "As recently as last week, Spamhaus reported that there has been little or no activity by these particular major Australian-based spammers of offensive material since they were warned by the ACA about the new law," he said.

Since the Act came into force, Horton said the ACA has received about 30,000 reports of spam, including more than 300 formal complaints. "As a result of these complaints the ACA has contacted more than 100 businesses advising them to improve their e-mail and SMS marketing practices to comply with the Act," he said.

"Most of the complaints we receive are about businesses continuing to send commercial messages to a recipient who has tried to unsubscribe. Clearly many businesses still need to test and fix their unsubscribe feature".

Although most businesses have reported changes to their practices to ensure that they complied with the new law, the ACA is investigating "several cases where the response to our warnings and advice has been unsatisfactory," said Horton. "Four formal notices have been sent to parties under investigation".

Failure to comply with the Spam Act can result in a hefty fine reaching thousands of dollars, or a prosecution penalty of up to AU$1.1 million per day for repeat offenders.

"Spam is a global problem that requires a global solution. While Australia is cleaning up its own backyard, only two per cent of global spam that Australians receive comes from Australian sources. The key to improvement in the Australian user experience depends on all nations taking similar action to counter spam," said Horton.

Australia has already signed memorandums of understanding with Korea, the USA and the UK.

Last week Horton chaired a meeting of nations and private sector representatives at the International Telecommunication Union in Geneva to discuss cooperation in countering spam.

"The meeting concluded with strong interest in international cooperation and joint action by regulators, industry and consumers, and confidence that spam could and would be effectively countered in the medium term," he said.

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Talkback 2 comments

    What absolute bollocks, My 60- ...Anonymous -- 22/07/04

    What absolute bollocks,

    My 60-seat .au organisation still gets Wayne Mansfield seminar spam at a rate greater than it ever has before. My organisation has recieved 104 messages from Mansfield in the last fortnight, all unsolicited.

    This global backpatting exercise by SpamHaus and the Federal Government is assuring spammers based in Australia that they're now OK, as the authorities have considered the problem solved, because they're not sending the spam from Australia.

    The problem is *not* solved. Try again. Go after the business that send the spam regardless of the juristiction it is sent from. It's just as annoying to me if it's from an Open Proxy in China as it is if it's sent from Perth!

    I can see the 'Anti-Spam' unit, now having 'solved' the spam problem, going after small to medium organisations that can't afford email management tools and telling them to clean up their act.

    Meanwhile, the core problem, people like Wayne Mansfield, keep... spamming.

    Mansfield is back to his spamming ways again Anonymous -- 20/11/09 (in reply to #120106551)

    Well its been quiet for a while since the court case took the wind out of Wayne Mansfield's sails, but yesterday there was a big wave of spam sent out to promote his next lot of "how to generate more spam" seminars. All the information which we received has been passed onto the ACMA and I would hope that anyone else who receives spam from this lowest form of life will also pass it onto the ACMA so that maybe the Federal court can send him to jail where he belongs.

    One would have thought that his partner in all the businesses, Elaine Butcher, would have seen the error of her ways and changed tactics, but it would appear that she is still100% behind him and pushing his rubbish out as hard as she can.

    What will it take to shut down this spammer? I know that I will be researching this dirt-bag and making sure that his providers know all about his spamming ways.

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