As the US spam legislation debate rages, perhaps there is something to be learned from the recent efforts of other countries, starting with the Australian regulations scheduled to start in April.
Australia seemed to be off to a good start in the fight against spam when it charged a "Nigerian" spammer last
October. In December, it took an even stronger stance with new regulations
after months of debate. Before the standardized law, Australia's spam policy was a legal mess. Desperate attempts to stop spammers using lawsuits accusing liability for negligent business injury (tortious claims of unlawful interference with a business), claims of trespass into one's computer, or contract extrapolations seemed to be on the horizon
in some parts of Australia. Spammers seemed unstoppable and had even won lawsuits destroying spam-blocking systems for blocking their "advertising" using discrimination claims. Legislative guidance was
sorely needed.
The regulations' grace period of 120 days after its December royal approval expires April
11, 2004. The law fines individuals and businesses per day of violations, with a fine of up
to A$1.1 million a day for repeat violators. The law will be enforced by the
Australian Communications Authority, which was given funding before the legislation was even passed. The legislation is far-reaching, including all messages sent
to or from any Australian email addresses and mobile phone messages. It aggressively requires
opt-in requirements and bans tools for harvesting addresses. Australia is also launching a
twelve month ad campaign and has pledged to work with Korean intelligence.
The Communications Authority's shoestring budget of A$300,000 for the first year could be problematic. Although there is a civil penalties scheme,
the Authority has the exclusive right to issue formal and informal warnings or request
injunctions or civil proceedings; it could have problems fulfilling all these roles on such a small budget (about US$230,000). Also, the legislation must be reviewed in two years and
could face major changes after elections. Electronic Frontiers Australia cautions extreme
anti-spam measures could allow unfair searches in their enforcement.
Though not perfect, Australia has taken an aggressive stance toward working internationally and domestically to
stop spam.
For other countries, see the Spam Laws Worldwide Index.