 | INTERNET LAW - Fines Imposed for SMS Spam |
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| | IBLS Contributor: FreeHills, Kaman Tsoi, Senior Associate, Melbourne
Wednesday, January 21, 2009
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| | A telecommunications provider (the company) has been fined $110,000 after allegedly sending 20,000 SMS messages without sufficient sender identification. The fine was imposed by the Australian Communications and Media Authority (ACMA) for breach of the Spam Act 2003 (Cth) (Act).
The Act applies to commercial electronic messages including email, SMS, MMS and instant messaging. The Act requires commercial electronic messages to include 'accurate sender information'. In this case, the company did not identify itself or its product by name, arguing that recipients would be able to make the connection between the three-digit sender ID and the three-letter product name. ACMA did not accept this argument. While SMS marketers struggle to fit all of their messages within the small per-message character limits, ACMA here demonstrated that there are limits to its tolerance for abbreviated approaches to compliance.
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| INTERNET LAW - Hong Kong’s Regulation of Unsolicited Commercial Electronic Advertisement |
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| | IBLS Editorial Department
Monday, November 10, 2008
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| | Hong Kong's legislation well regulates the sending of unsolicited commercial electronic messages. In May 2007, Hong Kong enacted the Unsolicited Electronic Messages Ordinance (UEMO), to regulate all forms of commercial electronic messages sent with or to the "Hong Kong link” (.hk). UEMO is supplemented by the Unsolicited Electronic Messages Regulation (UEMR) enacted by Hong Kong in December 2007. In addition to UEMO and UEMR, Hong Kong"s Telecommunications Authority approved a code of practice to regulate practical aspects of commercial electronic messages and serve as the users’ guidelines. Both Hong Kong’s commercial advertisers and foreign companies advertising in Hong Kong should be aware of this legislation because it applies to advertisement sent from Hong Kong or received in Hong Kong, either by individuals or companies. [More...] |
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| INTERNET LAW - New Rule Provisions for the U.S. CAN-SPAM Act |
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| | Martha L. Arias, IBLS Director
Wednesday, June 18, 2008
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| | On May 12, 2008, the U.S. Federal Trade Commission (FTC) approved new rule provisions that clarify the CAN-SPAM requirements and considered 3 years of public comments. The new rule provisions were already published in the U.S. Federal Register and will become effective 45 days after their publication. The United States CAN-SPAM Act of 2003 is the federal law regulating commercial e-mail advertisement. It establishes the rules for commercial e-mails, typifies the practices that constitute spam, sanctions spammers, and provides consumer rights regarding unsolicited e-mail advertisement. Special provisions within the CAN-SPAM Act introduce rules on e-mail marketing of adult content sites.
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| INTERNET LAW - The Illegal Spamming Felony: Jurisdictional and Constitutional Questions |
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| | Martha L. Arias, IBLS Director
Monday, March 10, 2008
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| | A recent decision from the Virginia Supreme Court affirmed the felony conviction of an illegal spammer under the Virginia criminal statute. The Virginia Supreme Court held that the Virginia antispamming statute does not violate defendant's free speech rights. Defendant had been indicated and convicted by the trial court of three counts under the Virginia Anti-Spam Act. The Virginia Court of Appeals affirmed defendant"s conviction and 9-year prison sentence; afterward, defendant appealed to the Virginia Supreme Court which rendered its decision last Friday, February 29th. This decision becomes the first decision from a state supreme court upholding the constitutionality of a state anti spam statute and addressing the key issue of jurisdiction for spam cases.
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| INTERNET LAW - What are the Legal Remedies against Spam? |
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| | IBLS Contributor Odia Kagan Tel Aviv, Israel, odia@okaganlaw.com
Wednesday, December 05, 2007
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| | In July 2005 the Knesset confirmed Amendment 33 of the Communications Law (Telecommunications and Broadcasting (5765-2005) which was intended to deal with "the phenomenon of the mass distribution of unwanted advertisements through communications networks".
The Anti-Spam bill was tabled due to the rise in volume of unsolicited email messages which account for more that 70% of the email transmissions in the world. In addition disturbing recipients, the spam phenomenon causes congestion in email traffic. These "traffic jams" delay the arrival of messages at their destinations, burden the operation of email servers and may cause them to crash.
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| INTERNET LAW - Spam Is a Matter of Definition |
| | Email Article
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| | IBLS Contributor Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Wednesday, May 30, 2007
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| | The US Federal Trade Commission has published guidelines to determine which e-mail messages have a “primarily commercial purpose” and are thus subject to the provisions of the US CAN SPAM Act. The Regulations also require the inclusion of a warning in commercial e-mail messages that contain pornographic content. The regulations have already gone into effect.
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| INTERNET LAW - US Federal Trade Commission Fines Zango for Pop-up ad Software |
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| | IBLS Contributor: Duncan Giles, Freehills Law Firm, Australia, www.freehills.com
Tuesday, March 06, 2007
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| | On 6 November 2006, Zango, an internet advertising company, agreed to settle US Federal Trade Commission (FTC) charges that that Zango's pop-up ad software was unfairly and deceptively installed on millions of personal computers.
According to the FTC, the adware was installed on the computers of web browsers when Zango"s third-party affiliates distributed other free content and software such as screensavers, peer-to-peer file sharing software, games and utilities. There was no disclosure that downloading this software would result in the installation of the adware
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| INTERNET LAW - The Israeli Parliament amends Anti-Spam bill to allow the imposition of fines without the need to prove actual damage |
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| | IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Wednesday, January 17, 2007
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| | The Ministers Committee for Legislation of the Israeli Parliament approved on January 7, 2007 an amendment to the Anti-Spam bill imposing a fine of up to NIS 1000 (approximately USD 250) for each unsolicited message sent by email or by cellular telephone without the need to prove actual damage. The draft effectively assumes that the sending of spam constitutes a type of nuisance and thus no proof of actual damage is required. In its previous draft, the bill generally did not allow for compensation without proof of damage. Recent surveys conducted indicate that approximately 75% of the email traffic in Israel is spam. [More...] |
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| INTERNET LAW - The EU takes measures to eradicate high levels of illegal online activity |
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| | Editor, Maricelle Ruiz, IBLS Director -- Europe
Wednesday, December 13, 2006
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| | The European Union is slated to review existing legislation to determine the need for additional regulation to protect user privacy and security online. Next year, the European Commission may introduce proposals to force service providers to notify clients of security breaches and facilitate legal action to protect individuals from the consequences of spam, spyware and malicious software. [More...] |
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| INTERNET LAW - The Spanish Data Protection Agency imposes a fine on a law firm for spam |
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| | Alexander Benalal (alexander.benalal@twobirds.com) and María Gómez Rodriguez (maria.gomez.rodriguez@twobirds.com), Bird & Bird Madrid
Monday, November 20, 2006
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| | In an unprecedented decision in relation to a law firm, the Spanish Data Protection Agency has ruled in favor of a claimant and imposed a €30,001 fine on Cremades & Calvo Sotelo for sending unsolicited commercial messages via email (spam). [More...] |
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| INTERNET LAW - Australia Spam Laws |
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| | Martha L. Arias, LL.B., J.D., LL.M.
Wednesday, May 31, 2006
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| | The Australia Communications and Media Authority (ACMA) is the government agency handling anti-spam laws and internet related issues in Australia. They concretely enforce the Spam Act 2003, which includes comprehensive regulations against spam such as building internet security; avoiding Internet scam and fraud; protecting children online; submitting complaints or reports on spam to the government authorities, etc. [More...] |
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| INTERNET LAW - FTC Joins Foreign Partners in Recommending International Efforts to Combat Spam |
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| | Federal Trade Commission
Thursday, May 18, 2006
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| INTERNET LAW - OECD urges governments and industry to do more to tackle spam |
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| | OECD
Thursday, May 04, 2006
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| INTERNET LAW - OECD calls for anti-spam drive |
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| | OECD
Thursday, May 04, 2006
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| INTERNET LAW - Getting the Top Spammers |
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| | Taken from ideas.4brad.com
Thursday, May 04, 2006
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| INTERNET LAW - Spam Issues in Developing Countries- Report |
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| | OECD
Thursday, May 04, 2006
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| INTERNET LAW - International Spam Measures Compared |
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| | Taken from www.e-com.ic.gc.ca
Thursday, May 04, 2006
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| INTERNET LAW - FTC, California Attorney General Halt Illegal Spam Operation |
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| | U.S. Federal Trade Commission
Thursday, May 04, 2006
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| INTERNET LAW - OECD Anti-Spam Regulation |
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| | Organization for Economic Co-operation and Development- OECD
Thursday, May 04, 2006
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| INTERNET LAW - FTC, California Attorney General Halt Illegal Spam Operation |
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| | Federal Trade Commission
Thursday, May 04, 2006
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