Slashdot Mirror
Australia To Fast-Track Anti-Spam Bill
Crypto Gnome writes "News Interactive is reporting that anti-spam legislation is being fast-forwarded by the Australian Federal Government. The proposed law will ban sending commercial emails without the recipient's prior consent and ban the use of email harvesting or list-generating software. Naturally, this will only directly impact local Australian spammers, but they're also hoping this will set a precedent for the International community." Banning list-generation software seems a bit heavy-handed, doesn't it?
Any time the government down here does anything 'net related it's heavy handed, overkill, and generally not thought out. This is about par for the course really. At least this time they do seem to be aiming in at least generally the right direction!
Disclaimer: The above comment was made while under the influence of too much coding and not enough sleep.
Comment removed based on user account deletion
"Banning list-generation software seems a bit heavy-handed, doesn't it?"
Of course it does, but all rational thought seems to disappear when the issue is spam.I hate it, you hate it, we all hate it. But it is clear that many people who are quite tolerant of copyright abuses, IP theft, piracy , porn as free speech etc etc etc become quite intolerant when the topic at hand is spam. The rights that are held so precious are there to be trampled over for convenience sake.
The way to fight spam is to build clever tools, come up with a technical fix. New laws are the last thing we need. I have seen Aussie net laws lambasted all over the web, but as soon as one of these stupid laws is aimed at spam a lot of people seem to think it is a good idea. It is not. When similar laws were proposed to ban porn and bomb making sites many were outraged. The same sentiments should apply.
I'm not sure how this is a precedent since spamming is illegal right now in Austria and Italy, and I'm sure some other countries too. But it is good news - hopefully the rest of the world isn't too far behind.
So tell me, if banning List Generation Software is a bit heavy handed, then please explain its lawful use?
Oh? Do I hear silence? Of course I do. there is NO legitimate reason for list generation software, or email harvesters. If you develop a drug where its only use is to incapacitate a person, you ban its possession and manufacture. The same goes for list generation software.
Feed the need: Digitaladdiction.net
I wonder if this will work at slowing down Wayne Mansfield's spamming operations. Even after the very much public law suit with Joe McNicol he is still churning out the crap. The latest ones are going under the name of BusinessGrow - yondefa@yahoo.com.au.
Its rather nice that he uses the same phrase in each spam email "Business Seminars Australia - since 1987", guess what procmail is setup to look out for...
(\(\
(^.^)
(")")
*This is the cute bunny virus, please copy this into your sig so it can spread
Yeah, it might be that there's no valid use for list-generating software, but the problem's the spam, not the software. Anybody who knows a bit about programming can write a new list-generating software. Thus you can't ban the software, as you can be sure that there'll be a site who offers the same banned software for download. The only way is to punish them for actually using it, not for having it. 'cause software ought to be free and not regulated away because someone could misuse it. just like a kitchen knife could be used for cutting bread as well as for killing someone
I'd like to point out the Danish anti-spam law which has been effective for about a year now. It's very very effective. The ombudsman has created a webpage where you can report spam. If he receives "enough" complaints about the same spammer, he sues them for you. Yes - that's correct. All you have to do is send in the evidence. Of course, this only works if the recipient has a clue, otherwise they'd spend way too much time researching dead ends. But our ombudsman is pretty cool, and he already sued danish big time spammer Fonn. The result you ask? The spammer had to pay $15 for each piece of spam. Needless to say, they haven't been spamming since.
1. Almost all retail broadband accounts are volume capped and charged at ludicrously high rates if you go over the cap. This adds impetuous to the government to do something about spam due to the public knowing that they are paying for this stuff directly (even if technically it would make a very small percentage of their bill).
2. The Australian legal system isn't too corrupted yet and it is very unlikely that the DPP would use this law against anyone unless the list gathered (by software or otherwise) was actually used for sending spam. If you are a conspiracy theorist - the government will get you anyway, there are plenty of other laws for them to use. This helps the government get at all areas of the problem and no excuses like: "sorry judge, I don't send the spam I just collect the address's and my mate in is actually sending the spam".
Australian Government to ban spam
The Australian Government will move to ban electronic junk mail (spam) and enforce this ban through the Australian Communications Authority (ACA) in legislation that will be introduced to Parliament later this year, the Minister for Communications, Information Technology and the Arts, Senator Richard Alston, announced today.
Senator Alston said that Cabinet had yesterday agreed to anti-spam legislation including fines, along with a raft of other measures aimed at reducing the influx of spam into Australian e-mail inboxes.
Spam is a menace to home and business e-mail users and is a major scourge of productivity. Spam e-mails are the mosquitoes of the Internet - numerous, annoying and often carrying nasty viruses.
Australia will soon be applying a large dose of 'spam repellent' and sending a strong message to spammers that indiscriminate and unsolicited bulk e-mailing will not be tolerated. The adoption of an opt-in regime will make Australia world's-best practice on spam and put Australia in a strong position to participate in international efforts.
The Australian Government is committed to taking a strong stand against spam and has moved quickly to respond to the report by the National Office for the Information Economy The spam problem and how it can be countered released in April this year. This report provided a blueprint to take action against the problem to provide the maximum possible protection against spam.
While the report made it clear that there is no silver bullet against spam, there are many roles that all parties can play in a multi-layered approach. The anti-spam measures that the Australian Government will introduce include:
* National legislation, to be enforced by the ACA, banning the sending of commercial electronic messaging without the prior consent of end-users unless there is an existing customer-business relationship (an opt-in regime);
* Civil sanctions for unlawful conduct including financial penalties, an infringement notice scheme and the ability to seek enforceable undertakings and injunctions;
* The requirement for all commercial electronic messaging to contain accurate details of the sender's name and physical addresses and a functional 'unsubscribe' facility to enable people to opt-out;
* Banning the distribution and use of e-mail 'harvesting' or list-generating software, and
* Working together with international organisations to develop global guidelines and cooperative mechanisms to combat the global spam problem.
The Government will work closely with industry to ensure that Australia has a workable regime without harming legitimate business practices. The regime will seek to protect businesses which undertake legitimate e-mail direct marketing in line with the requirements of the Privacy Act. There will be a 120-day sunrise period without penalties from the enactment of the legislation for businesses to ensure their marketing practices are in line with the legislation.
Stakeholders including the Internet Industry Association (IIA), the Australian Direct Marketing Association (ADMA), small business associations and other not-for-profit organisations will be consulted on the details of the legislation.
The Government will also work with industry to develop relevant codes of practice to be registered with the ACA, building on initiatives such as the IIA's 'No Spam' campaign, which since April has enabled consumers to access anti-spamming technology for a free month's trial.
The measures announced today establish a framework for Australia to begin the important task of eradicating spam. The package will be accompanied by an education campaign to raise awareness of the nature of spam and anti-spam measures and to inform individuals and business of their rights and responsibilities when it comes to spam.
Leg
Watch out son, you just laid out a very big troll bait. You might not be able to handle what you're about to hook!
I'm an Aussie, and despite the oncoming wave of complaints about the Government and Telstra, it is a great place to live, and pretty-well IT minded. No, we're not South Korea, but broadband take up has just started accelerating at quite a pace, we've got an excellent mobile and landline network and all the capitals have cable in one form or another.
Every day I am reminded about how fortunate we are that our government by and large is not in the pockets of big corporations. This article on Wired really opened my eyes yesterday. The very thought of a Bank over here selling your details is unfathomable; good legislation is partly responsible, but I don't imagine many people would do it even if that wasn't in place. That a state is having to fight for this level of privacy (and having difficulty doing it) just floors me.
And the "do not call" register that the US has had to set up. My god, is it really that bad over there?
-- james
Banning list-generation software seems a bit heavy-handed, doesn't it...
Yep... don't know how our Australian friends are going to get by without grep.
I made a script as a proof-of-concept that will download Slashdot pages and finds e-mail addresses, un-obfuscating where appropriate, and displays them on the screen (doesn't even bother storing them).
;) ), but could its very existence be illegal in Australia ?
This just to show that it can be done in the scripting language of choice, and that the Slashdot obfuscation techniques commonly used are hardly a deterrent.
I have no intention to release the script ( heck, I only just got my internet restored - I can do without a Slashdot mob pounding at my sites
Funny how slashdotters then go to say that P2P software shouldn't be banned because it has legitimate uses, when we all know that almost everyone uses it to pirate music.
Not flamebaiting, just being cynical.
That's not spam, because we're contacting genuine potential customers.
You do realise that spam is termed 'U.C.E.' as in Unsolicited commercial email?
The phrase "but I'm just contacting genuine potential customers" is the mainstay of every spammers excuse list.
I do applaud your sales guy for snail-mailing things out - it's likely to have more credibility anyway compared to having your message slotted in between v1argara and peni5 enlargement offers.
You are in a twisty maze of processor lines, all alike.
There is a lot of hype here.
No - that is indeed spam. It is unsolicited. It is also sent to a group.
...
Spammers use exactly the same justification - that every person who receives their email is a "genuine potential customer".
The amount of paper junk mail I get at home is ridiculous. There are idiots who drive along the street *every day* in a van and put more in. Worse - they get their *kids* to put it in the mailbox, teaching the next generation how to spam.
Well, here's a tip for spammers and spammees. *Anything* may be attached to a reply-paid envelope in Australia, and the person who paid is liable for the entire amount. That's why I keep a good heap of bricks and rocks around at home. I take all the reply-paid cards, tape them to a brick and put it in the post
Everything you say points to the current state of affairs. My point is that Australia is still growing. We don't have much of a say in the world yet, but we will. We have decidedly more control over our future than the American public; we don't have stupid rules about lobyists being able to bribe politicians to pass laws for them. If our politicians want to get into power, they've got to make the Australian public as a whole (not just the subset who choose to vote, as in America) happy. No matter who our leader is, we're still going to have to kow-tow to the US for the moment. American favour is too valuable, and enmity too costly.
No, Australia doesn't manufacture much. But the industrial age is over, and the information age just beginning. I don't know about the "tattered remnants" you mention; the Australian education system is one of the best in the world. Many Australian graduates are asked to work overseas, not just heading over there to look for jobs, but being actively recruited. I know that in at least two fields (teaching and nursing), Australian's can earn massive salaries (compared to the earnings back home) in places like the UK.
Tha largest technological advance Australia has had the opportunity to participate in has been the internet. Australia, despite being encumbered by a government-sponsored telecommunications monopoly, has a very high rate of broadband penetration. For a country with such a low population density, our infrastructure is remarkable. Many Australian Universities (Wollongong, Melbourne, UTS) were working on the internet in its infancy.
Australia continues to make innovations in other areas. It was an Australian research group who managed to teleport, not just a single photon as had been done previously, but an entire laser beam. Australia is a world leader in medical research. I really can't see your argument about Australia being backwards technologically.
As too becoming a US vassal state, well, maybe. But there hasn't been a nation on earth who have lasted forever, and when the inevitable decay hits the US, someone's going to pick up the pieces and become the next world power. It could very well be Australia. It may not be, but then, it could be, too.
Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
I have been hearing about this for most of the day.
I had a chuckle to myself when I heard Alston's response the suggestion that these measures would have no effect because most of the spam comes from overseas. He beleives that by implementing these strong arm policies we are setting an example to the international community, and slowly other countries will follow in suit.
Countries that are spam-friendly are not going to care what the hell australia does. So we are getting these insane policies for no real reason.
I can think of many good and essential uses for list generating software
-scientific data result generation.
-list of open ports on a computer for security analysis.
-list of most popular products from your on-line store front for re-ordering and evaluation.
-compiler/assembler output is a list of errors in your code hence a compiler is list-generating software.
-list of journey routes and times generated through point and click maps.
-security auditing software recording logon times and users.
-lists generated by search engines. be it online or by database search.
The law bans all of this legitimate and essential software and i think i could go on all day thinking of situations this software is needed.
Perhaps the law could also prohibit businesses paying someone to send unsolicited email - and hold them accountable for the behaviour of the person they hire to send their (solicited) commercial emails.
It seems to me that this would have two effects: 1) It would make unsolicited email unprofitable, and 2) It would force businesses to keep their emailers on a short leash.
I suppose there must be something wrong with that idea or it would have been suggested long ago...
The REAL problem with spam, is that it is, in effect, theft of service from the ISP that it originated at, and any intervening ISP as well. And we won't even get started on falsified headers, misleading topics, etc. . .
And, if spam WAS such an ethical and wanted product, then WHY do the spammers rely so much on disposable accounts, exploiting open relays, and other disreputable tactics. . .
Im sure viruses, hacking, even port scanning are banned in most countries and/or ISP policies. That doesnt mean people don't get hacked or get the virus! Anyone who cares enough will use protection - firewalls, anti-virus, properly set-up systems. Banning spam or any of the software thats used to create it means nothing. People will still get spam, maybe not as much but they will still get it and they will still need filters. It just ads another layer of legislation to the internet which is essentially just a hack, so you have to balance it out - if people are still going to get spam and always will even if the whole world bans it, then they might as well just use filters, is it worth reducing it abit by adding more laws?
Governments are acting like Microsoft, their laws are full of massive holes so every month they issue more hot-fixes, thats not the way to do it.
This comment does not represent the views or opinions of the user.