Anti-spam

Spam, or unwanted e-mail, remains one of the biggest nuisances in the online world. It clogs mailboxes, disrupts legitimate communication, often exposes people to offensive material and can act as a vector for malware (malicious software).

Legislation

In New Zealand, the Unsolicited Electronic Messages Act came into force on 5 September, 2007. The Act applies to spam sent using a variety of electronic message types, not just email, and it provides a strong legal framework for regulating spam in New Zealand.

The highlights of the Act are:

• Unsolicited commercial messages are banned, using terms and definitions in line with Australian regulations.
• Any message that uses a link to hide its content is also banned. Note that there are sensible exceptions to the definition of spam in the Act, such as the sending of warranty and recall information.
• The Act creates an opt-in permissions environment, so you should only be sent commercial messages if you have explicitly agreed to accept them.
• All commercial messages must also include zero-cost unsubscribe facilities that must be acted upon within five days.

The Act provides significant penalties, and the enforcement agency (the Department of Internal Affairs) has strong powers for combating spam, including search and seizure provisions.

The DIA operates a central email address for reporting spam.

Internet Service Providers are not required by the legislation to take complaints and act on them themselves (the industry code of practice covers ISP obligations).

The DIA monitors and provides an address for the reporting of sexually-related spam that, even if neither objectional nor commercial, could entice people towards viewing sexual content.

Software that can harvest the internet for address lists is not banned under the Act, but the sending of spam using lists created with such software is prohibited.

The Act does not limit spam to email - it also covers instant messaging and texting, although it does not include phone calls, VoIP or faxes.

Spam Code of Practice

InternetNZ, alongside the Telecommunications Carriers’ Forum (TCF), the Marketing Association and Internet Service Provider organisation ISPANZ completed an ISP Spam Code of Practice, which outlines the obligations of ISPs regarding email spam.