A local man who attempted to sell databases of e-mail addresses to spammers has pleaded ignorance, saying he did not know that such activity is illegal.
Franchoa Giliomee, a director of E-Business Solutions, has been spamming thousands of individuals, inviting them to buy his database lists, which range from 5 000 addresses (for R300) to 20 000 addresses (for R1 000).
"I was under the impression it was normal marketing," Giliomee said this morning. "I got into some trouble and my account was suspended - but I did not profit from [the venture]."
His hosting service provider - Greycell.co.za - suspended his account; as a spokesperson explains: "His account has been suspended as we don't support illegal activities like spamming."
"If the service provider continued to allow this kind of activity, they would be complicit in breaking the law," notes Lucien Pierce, attorney at Phukubje Pierce Masithela.
He adds that a service provider should always have terms and conditions, or abuse clauses, which preclude people from selling databases of e-mail addresses, for instance.
Pierce says while he has heard of such activities, it is not extremely common in SA.
Related forum:
Ignorance or mischief?
Are companies wilfully contravening the ECT Act by launching spam marketing campaigns?
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