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Navigation: Home > Projects > Confidence, trust & security > Improving confidence & trust > Spam
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Spam

The Government is working to ensure that all Australians have the maximum possible protection against spam.

Links:Contacts - Frequently Asked Questions -Publications and Media Releases - Links - Spam Law Implementation Forum 
Project Overview

Spam is a growing problem for Internet users and now accounts for approximately 50% of world-wide emails. These unsolicited messages have many economic costs for users, and result in increased download times and internet access costs. Often they include fraudulent or misleading content.

The Minister for Communications, Information Technology and the Arts, The Hon Mr Daryl Williams, has announced that the Government’s anti-spam legislation received Royal Assent on the 12th of December 2003 and will come into effect on the 10th of April 2004. This legislation will target spammers and the techniques they use to send Australian consumers unsolicited and offensive electronic mail, while protecting the right to free speech. It will also play an important role in the Government's multi-layered approach to the global nuisance of spam.

The Australian Communications Authority is responsible for enforcing the provisions of the Spam Act 2003. Under the spam legislation, the ACA is concerned with unsolicited commercial email (and other electronic messages) whether or not the content is itself legal or illegal. However, much email also carries content which may be illegal under other laws—for example, if it is fraudulent, offensive or carries a computer virus. The ACA will be working closely with other regulators and law enforcement agencies on the problem of spam.

In addition to working on industry codes and standards, the Spam Act gives the ACA the ability to pursue a number of options in enforcing the legislation. More information can be found on the ACA website. www.aca.gov.au 

The Spam Act 2003 and the Explanatory Memorandum are available for public viewing.

The Spam (Consequential Amendments) Act 2003 and Explanatory Memorandum are available for public viewing. 

An overview of the new legislation's key elements may be viewed here [PDF -.126KB]


Spam Law Implementation Forum

On February 27, 2004 the National Office for the Information Economy (NOIE) and the Australian Communications Authority (ACA) are to co-host a forum on the Spam Act. This event will be an important opportunity for Government officials, industry and stakeholders to discuss and analyse issues concerning the application and implementation of the Act.

Issues to be addressed include an analysis of potential partnerships and information sharing arrangements and a review of information and educational material concerning the Act. A particular focus will be on the enforcement mechanisms for the legislation, and on the potential for industry-government collaboration in this area.

There will be a wide range of presentations, case studies and workshops covering the crucial questions and challenges involved with implementing the Spam Act. A draft program for the Forum can be accessed here.

NOIE has a limited number of places available and would like to invite interested members of  government, community and industry groups to attend.  If you are interested in attending, and represent a group that is involved in anti-spam activities, you can send your expression of interest by February 18 to: spam.comments@noie.gov.au

 


Spam Act 2003: A practical guide for business

This guide provides practical information to businesses that send electronic messages. It explains the main requirements of the Spam Act 2003, and outlines business practices that comply with the legislation.

The guide has been developed in consultation with key industry stakeholders to provide a clear explanation of the legislation's requirements.

Spam Act: A practical guide for business is available for viewing here.

Spam Act 2003: An overview for business


Memorandum of Understanding signed with Korea

Australia and Korea signed an agreement on the 20th of October 2003 to cooperate in dealing with spam. The Memorandum of Understanding sets out the cooperative arrangements between NOIE, the Australian Communications Authority (ACA) and the Korea Information Security Agency (KISA) for sharing information and intelligence about spam-related activities.

The Minister's press release may be accessed here; Australia and Korea to join forces against spam - The Hon Mr Daryl Williams 20/10/2003

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Government Action Against Spam - Legislation

The Government is taking decisive action to protect Australian online users from the growing, costly and disruptive occurrence of spam. This legislation is one, key, element of the Government's strategy to deal with spam.

The National Office for the Information Economy (NOIE) conducted extensive consultations while developing the new legislation and the comments and submissions from that process were drawn upon to create an effective spam law.

The legislation tackles the problem of Australian-originated spam and sends a strong message to overseas spammers. This, coupled with relevant industry codes of practice, will define acceptable business practices and demonstrate Australia’s intent in seeking to develop international cooperation to achieve longer term solutions. The anti-spam measures introduced by the Australian Government include:

The legislation is aimed at being technology neutral, and will be able to be adapted to new technologies and situations as they arise. The legislation allows for complementary industry codes to be developed that will enable the legislation to remain relevant into the future.

To ensure that the framework continues to be effective, a review of the operation of the legislation will take place 24 months after it comes into effect.

The Spam Bill 2003 was first tabled in the House of Representatives on the 18th September 2003, a Senate Committee has also completed an inquiry into the bills. The Senate committee findings can be viewed here.

The Spam Act 2003 and the Explanatory Memorandum are available for public viewing.

The Spam (Consequential Amendments) Act 2003 and Explanatory Memorandum are available for public viewing. 

 


Final Report On Spam

The Final Report presented the results of a review into the problems caused by spam and how they could be countered, The Final Report of the review, which included wide industry and consumer consultation, was released on 16 April 2003.

The Government current initiatives draw upon the recommendations of the NOIE Final Report on Spam, and are targeted at ensuring that all Australians have the maximum possible protection against spam.

This report provides the basis for the Australian Government's current measures against spam.

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button Spam - Frequently Asked Questions  

bullet What is spam?

bullet Is spam a crime?

bullet How did they get my e-mail address?

bullet How can I stop it?

bullet The spammer pretended they were me! What do I do now?

bullet Reporting obscene/scam/ criminal spam

bullet What is the government doing about spam?

 

bullet Glossary of termsBack to top


button Publications

bullet Spam Act 2003: A practical guide for business

bullet Spam Final report

bullet Spam Review Interim report

bullet Spam Review Interim report- Attachment A - AC Neilsen survey PDF 62KB

bullet Spam Review Interim report- Attachment B - List of Stakeholders Consulted PDF 32KB

 

button Media

bullet Spam Act becomes Law - The Hon Mr Daryl Williams 19/12/2003

bullet A New tool to combat spam - The Hon Mr Daryl Williams 02/12/2003

  bullet ACA welcomes anti-spam bill - Australian Communications Authority 02/12/2003

bullet Spam Bill Approved by the House of Representatives - The Hon Mr Daryl Williams 09/10/2003

bullet  Australia slams the door on spam - Senator Richard Alston 18/09/2003 


button Contact details:

Lindsay Barton
Manager, Online Policy
National Office for the Information Economy
Ph. [+61] 02 6271 1230

button Other useful links

bullet Australian Competition and Consumer Commission
bullet Australian Securities and Investments Commission
bullet Australian Broadcasting Authority
bullet Treasury- Consumer Affairs Division
bullet Australian Direct Marketing Association
bullet Coalition Against Unsolicited Bulk Email
bullet Junkbusters
bullet CAUCE (US Affiliate of CAUBE)
bullet US Federal Trade Commission (FTC)
bullet SpamCon Foundation
bullet Internet Industry Association - No Spam Iniative

bullet Australian High Tech Crime Centre              

bullet NetAlert

 

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