The quantity of mobile phone spam never ceases to amaze me. Considering that the medium isn’t free like email, conversion rates must be particularly high given the number of commercial text messages, SMS bait schemes and pre-recorded VoIP calls that seem to be plaguing Australian mobile networks.

Now it looks as if the Australian Communications and Media Authority (ACMA) is finally doing something about it, today announcing that it has commenced proceedings under the Spam Act 2003 (Cth) (Spam Act) against three Australian companies who used unsolicited text messages to promote online dating services. When a hapless (or dateless) victim replied, they were charged up to $5 per message — presumably with an unsubscribe policy worse than the United States army. Interestingly, the complaint also alleges the criminal charge that the respondents obtained a financial advantage by deception, in the form of paid signups to the online dating sites procured by fake dating website profiles. By virtue of the deception, ACMA also alleges a contravention of the Trade Practices Act 1974 (Cth) (TPA).

The case is noteworthy for at least three reasons. First, if successsful, it would represent ACMA’s largest (but not, as has been reported, its first) prosecution for spam text messages (which fall within the definition of ‘electronic message’ in s 5 of the Act, which includes messages sent ‘to an electronic address in connection with … a telephone account’). Second, it shows how the Spam Act and Trade Practices Act can work together to enjoin misleading scams propagated by electronic means. Third, some serious penalties are likely to flow — given that the penalties are $1.1m per day per contravention, perhaps even higher than those ordered by Nicholson J against Clarity1 Pty Ltd in 2006 (AUD $4.5m). Of course, the significance of the action can easily be overstated — remember that the vast majority of mobile phone spammers are (a) not incorporated entities with convenient bundles of ASIC reports in their name; and (b) based overseas, well beyond the reach of ACMA’s penalty notices and the Spam Act.  Read more »

If you received an email marketing Indian herbal pharmaceuticals last year, chances are it came from Mr Lance Atkinson of Pelican Waters, Queensland. This New Zealand man, living in Australia, has agreed to pay fines of $92 715 to the New Zealand Internal Affairs Anti-Spam Compliance Unit. According to media reports, Mr Atkinson admitted participating in an international spam email operation that sent out more than 2 million unsolicited electronic messages to New Zealand computers in late 2007.

Today's law firms have thousands of contacts. The best contact management software does more than just store them, it tracks relationships and helps with lead generation. Steven Maxwell, a recruitment officer, found that his company was able to avoid contracting with an executive search company in two-thirds of its hires last year, thanks to software that made the data searchable, ranked the contacts by the quality of the relationship and is even accessible by Web-enabled cell phone.  Read more »

Individuals at all levels of an organization must understand its technology before it's deployed, especially if classified or other highly sensitive information is at risk. The increasing use of PDFs -- a step forward in that they make disseminating information easier -- presents new security risks. To play it safe, law firms, corporations, government agencies and the military all must implement best practices for redacting sensitive data from electronic documents.  Read more »

A Russian junk e-mailer takes credit for this week's attacks on antispam firm Blue Security. He did it to gather fresh e-mail addresses, he says. By Joanna Glasner.

Originally by Wired News: DAT's Entertainment, 10:54 AM

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England's 400 year-old cyber signature law

The High Court in Manchester has ruled that an email cannot be recognised as a legal written offer if it does not contain a signature or name within the body of the mail. The inclusion of a user name in the message header is not enough.…

Originally by The Register - Internet and Law: Digital Rights/Digital Wrongs, 10:50 AM  Read more »

In the first prosecution of its kind under the Spam Act 2003 (Cth) (‘Spam Act’), Nicholson J of the Federal Court of Australia yesterday found Clarity1 Pty Ltd and its managing director to have contravened provisions of the Act.  Read more »

A company accused of using unauthorized personal data “mined” by other firms from about six million e-mail addresses across the US has agreed to reform its practices under a $1.1 million settlement. New York Attorney-General Eliot Spitzer said Datran Media used e-mail addresses and other personal data it obtained from several companies.

'Sheppard, Mullin, Richter & Hampton used to reach more than 7 000 current and prospective clients by e-mail newsletter. But with new spamming laws and better anti-spam software, the firm was "running the risk of being blacklisted," says Vickie Spang, Sheppard Mullin's chief marketing officer. The solution? Blogging. And not just one blog -- six of Sheppard Mullin's practice areas have blogs. To encourage new content, the firm lets associates count blogging time toward billable hours.'  Read more »

This somewhat alarmist article urges caution when using instant messaging ('IM') in a legal environment:

As the use of instant messaging becomes more widespread, companies must grapple with how to handle it. In some cases IM can legally be considered a document, subject to the same retention policies as other business records. Because there is a functionality that allows all IM to be preserved, a company potentially is subject to a claim of spoliation if it doesn't save all chat messages. Instant messaging is fun, casual and quick -- but it can be dangerous.  Read more »