STEERING CLEAR OF SPAM

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STEERING CLEAR OF SPAM
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THE PROBLEM

• Spam is the biggest online nuisance estimated
  12 billion spam messages per day and 85 per cent
  of email
• Spam clogs mailboxes, disrupts legitimate
  messaging
• Spam can be used to trick people into divulging
  things like bank account passwords
• Spam can include offensive material

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THE SOLUTION

• Reducing spam requires a multi-pronged approach
• Government legislation
• Business and consumer education
• Technical solutions
• Obligations on ISPs
• The legislation targets NZ spammers
• The legislation enables cooperation with
  enforcement agencies in other countries

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REGULATIONS

• Spam outlawed by the Unsolicited Electronic
  Messages Act 2007 (September 5, 2007)
• The Department of Internal Affairs is the
  legislation enforcement agency
• InternetNZ, the Telecommunications Carriers
  Forum and the Marketing Association have produced
  a voluntary ISP spam Code of Practice outlining
  ISP obligations in relation to spam

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STAYING ON THE RIGHT SIDE

• Spam definition in NZ is unsolicited commercial
  electronic messages
• A single such message can be spam
• Spam can be by email and SMS
• Spam can not be a voice or fax message

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DEFINITION OF COMMERCIAL

• A Commercial Electronic Message
• Markets or promotes goods, services, an interest
  in land, or a business or investment opportunity
• Or assists or enables a person to obtain
  dishonestly a financial advantage or gain from
  another person
• An email with a link to commercial content on a
  web page is also a Commercial Electronic Message

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EXCEPTIONS TO COMMERCIAL

• Responding to a request, completing an agreed
  transaction
• Warranty, product recall and safety information
• Facts about accounts, subscriptions and loans
• Information on recipients employment or benefit
  plan
• Delivering goods and services according to the
  terms of an agreed transaction
• Providing information about goods and services
  offered by Government or the Courts

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ACHIEVING CONSENT

• Senders of commercial email must have ensured
  express consent, inferred consent, or deemed
  consent
• Best practice requires a double opt-in process,
  where express consent is verified by the user
• Inferred consent covers situations where there is
  a reasonable expectation that messages will be
  sent
• Deemed consent is where an email address is
  published conspicuously, with no accompanying
  opt-out

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ADDRESS HARVESTING LISTS

• Use of address-harvesting software is not
  permitted
• Use of address lists from such software may not
  be used

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UNSUBSCRIBING

• All commercial electronic messages must include
  accurate sender identification and contact
  information
• The message must contain a clear and free
  facility to unsubscribe
• Unsubscribe must occur within five working days
• Best to avoid responding / unsubscribing from
  spam, although an unsubscribe attempt to a
  clearly New Zealand sourced email should be okay

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COMPLAINTS PENALTIES

• The Department of Internal Affairs will provide a
  complaints system for spam, on its website at
  www.antispam.govt.nz
• Penalties for spamming are up to 200,000 for
  individuals and 500,000 for businesses
• This does not include compensation or damages to
  the victim that a judge may decide

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SPAM FILTERS FALSE POSITIVES

• Users should make use of spam filters
• Users should be aware that good messages can be
  mistakenly filtered as spam known as false
  positives
• Spam filters can save spam messages to a
  specified folder, which users can check for false
  positives

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ISP RESPONSIBILITIES

• The ISP spam Code of Practice lays out the
  expectations on ISPs
• To inform customers about compliance, minimising
  spam, and reporting spam
• To assist the enforcement agency appropriately
• To offer spam filters and information on updating
  them
• To minimise risk of false positives

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FIGHTING BOTNETS

• ISPs are expected to assist customers whose
  computer security has been compromised and is
  being used in a remotely controlled Botnet to
  send spam
• Note that ISPs are expected to suspend or
  terminate the accounts of such customers if the
  customer does not take action

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MORE INFORMATION

• InternetNZ resource www.stopspam.org.nz
• DIA resource www.antispam.govt.nz

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