Spam and how to avoid it!

Up to 60% of e-mails now sent are either junk mail or spam, according to figures presented at the first International Spam Enforcement Workshop, held recently in London by the US Federal Trade Commission and the UK Office of Fair Trading. Spam is annoying, but is it illegal?

The E-Communications Directive (implemented in Ireland in November 2003) substantially tightened EU law on junk e-mail. It is now an offence in Ireland to send unsolicited direct marketing e-mails to individuals unless the individuals have consented to them. An exception is made where the individual’s contact details have been gathered in the context of the sale of a product or service and the supplier is sending details of its own similar products or services. However, the recipient must be given the opportunity to opt-out easily and free of charge.

It is an offence in Ireland to send unsolicited direct marketing e-mails to persons other than individuals (companies, clubs, organisations etc) if the persons have indicated that they do not consent. Any spam which disguises or conceals the identity of the sender is also illegal. Comparable laws now exist in other EU member states.

Primary responsibility for enforcing the Regulations lies with the Data Commissioner (www.dataprivacy.ie), to whom complaints regarding breaches should be made.

Of course, many spammers operate from outside the EU and even those within the EU can be difficult to trace. The US Net giants AOL, Yahoo, Hotmail, Earthlink and Comcast now want bulk e-mail senders to comply with new technical standards which will help authenticate the source of the e-mail. Messages without a “Sender-ID” (as Microsoft’s version is known) will be treated as spam and blocked. It seems likely that commercial initiatives like this will ultimately have more effect than the law on the volume of junk e-mails clogging up your in-box.

In the meantime, to help avoid receiving junk mail, consider the following:

  • Activate the junk mail filter on your e-mail package
  • Consider investing in an ‘anti-spam’ software package, most of which are relatively inexpensive
  • Never reply to an e-mail from someone you don’t know
  • Never forward chain letters or petitions
  • Protect your email address - never share it with people you don't know on the Internet
  • Do not use the “preview mail” feature in your e-mail programme – it confirms that your address is active
  • Don't click on the adverts in spam emails - if you do you may download a virus (and remember to keep your anti-virus software up to date!)
  • Set up a free Hotmail account if you want to register with a website.

Oonagh Toner: otoner@hayes-solicitors.ie December 2004