New legislation, set to come into effect this year, could see spammers hauled off to jail; a ray of hope for Internet service providers (ISPs) and other companies battling with the high levels of spam infiltrating inboxes every day.
Spam accounts for between 70% and 95% of all mail received by ISPs. The cost to filter it is a significant expense for service providers, as well as the consumers who pay for downloading it if it gets through filters.
However, relief from overflowing mail boxes is in sight, as the Protection of Personal Information (PPI) Act and the Consumer Protection Act (CPA), when they finally come into law, will cut down on unwanted e-mails and cold calls from South African marketers.
Lance Michalson, a partner at Michalsons Attorneys, says the new laws will be effective in stopping new spamming campaigns, because of the power they give to private individuals to enforce their rights.
Spammers that do not obey the new laws could find themselves in jail for a year, or coughing up at least R1 million. “We're going to see a lot less spam,” says Nicholas Hall, an attorney with Michalsons Attorneys.
Damn spam
Internet Service Providers' Association (ISPA) GM Ant Brooks says the Acts will be effective as soon as someone is prosecuted. He says spammers will think twice if their business is put at financial risk.
Brooks says the cost of spam is a significant cost of being online. ISPA has found spammers are generally ignorant of the law, he adds. However, if a huge penalty is imposed on a spammer, this will make the law effective.
Pingdom, an uptime monitoring company, 260 billion spam e-mails are sent every single day.
Spam from .za domains is more likely to make it through ISPs' filters, because most spam comes from outside the country, explains Brooks. “[The Acts] may reduce the amount of spam you see.”
The fact that the PPI will prevent someone from selling databases, including existing databases, is very important, says Brooks. “That alone will make a big difference to spam.”
As you wish
Hall explains data can currently be legally bought and sold and, once the data has been gathered, people can do as they please with it. The PPI makes it illegal to collect new information without people's consent, as consumers will have to opt-in to databases.
Neither Act is retrospective, so if people are already on a spammers' list, consent is presumed and spamming can continue, says Hall. However, spammers have to include an opt-out link, which can be enforced under both laws.
While the Electronic Communications and Transactions Act also requires an opt-out clause, this legislation has not been wholly successful, notes Hall, because it doesn't stop the initial spam.
If spammers refuse to remove people from their contact lists, the victim can go straight to the regulator and lodge a complaint, which is a cheaper way of enforcing rights than heading off to court. “It gives power to the people, and allows them to enforce their rights at less than no cost.”
PPI has been a long time coming; the Bill has only been around since 2009, but discussions around the issue began in 2003. The current best guess for implementation is mid-year, with commencement expected at the end of the year, says Hall.
The CPA is set to come into effect from April, after the original October date was pushed out to allow the Department of Trade and Industry time to wrap up necessary processes and give business and the public enough time to prepare for the new law.
Rush, rush
However, the impending laws have ironically led to a flurry of data collection, says Hall, as data brokering is gaining momentum in anticipation of the new laws. Michalsons has had several calls from data brokers wanting to know whether it's still legal to collect and sell people's information, comments Hall. “They are trying to milk the cow before it dies.”
While Hall is unable to draw a direct correlation between the flurry of activity and increased spam, he has seen databases of contact details being advertised for sale online. “We have seen data brokerage continue, and it will continue, but I can't say if it will lead to more spam.”
Brooks says the fact that there is an increase in data brokering is disconcerting, although not a cause for “mass panic”. He explains there has recently been a slight increase in spam, but this could be due to a variety of reasons, including cheaper Internet costs in SA.
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