166/04     11 October 2004

Global cooperation on network security, law enforcement and heightened consumer awareness is needed to help shield internet users from spam, said the OFT today at a conference of international spam enforcement agencies in London.

The conference, hosted by the OFT and the US Federal Trade Commission (FTC), brings together consumer protection, data protection and telecommunications agencies from over 20 countries to promote cross-border cooperation on spam and spam-related problems, such as on-line fraud and computer viruses.

Download the opening remarks by John Vickers, to the international Spam Enforcement Workshop  (pdf 98 kb), .

Bulk unsolicited electronic messages, or spam, accounts for over 60 per cent of all e-mail traffic on the internet, up from under half in 2003 and under ten per cent in 2001 (see note 4), and is frequently linked to fraudulent, deceptive or pornographic commercial activities. It is estimated that over 80 per cent of spam received by UK internet users originates from overseas, making cross-border collaboration on enforcement essential.

Successful joint enforcement actions against spam to date include:

• an investigation carried out by the FTC and the OFT into a company trading as TLD Networks stopped spam which originated in the UK and targeted US consumers, in the immediate wake of September 11, with a patriotic message to lure them into buying fake domain names
• an investigation by the OFT and the Italian competition authority into a case of spam linked to modem hijacking. Italian consumers were targeted by spam sent by a UK-based company, directing recipients to a cookery website. The recipient's modem connections were redirected to a premium rate line. The company withdrew the website and closed its offices following the OFT's intervention.

The conference will include sessions on comparing the enforcement powers of different government agencies and departments; effective collection of evidence; cooperation with the private sector on initiatives to combat spam; and devising a practical framework for international law enforcement through bilateral and multilateral agreements between enforcement agencies. The conference will conclude with a best practice training seminar hosted by the International Consumer Protection and Enforcement Network (ICPEN), this year chaired by the OFT.

John Vickers, OFT Chairman, said:

'Spam is not just annoying and intrusive. It gets in the way of legitimate e-commerce, and is often a vehicle for scams and computer viruses. International collaboration by enforcement agencies, the efforts of the computer and communications industries, and smart consumers at home -who take steps to protect themselves - are all needed to combat the internet scammers.'

Deborah Majoras, FTC Chairman, said:

'This gathering is unique not only because it is the first international meeting of spam enforcers, but also because our participants represent diverse organisations. We are all united, however, by a common goal: to stop deceptive and fraudulent spam from flooding our email boxes, threatening our data security, and undermining email's effectiveness as a tool for commerce and communication.'

Richard Thomas, Information Commissioner, said:

'Spam is international and needs global cooperation. Developing a consistent approach to enforcement is a necessary step towards tackling the problem. But there are limits to what can be done by regulation and the communications industry has made great efforts to find technical solutions to spam. It is also important for businesses and individuals to keep up to date with improvements and developments in technical blocks and filters.'

SPAM - TIPS TO HELP YOU FIGHT BACK

When you get spam emails, remember:

• much spam is a scam
• if an offer looks too good to be true – it's probably false
• if an email looks doubtful – delete it

Three tips to avoid spam:

• use a spam filter – often available with your email package
• don't click on the adverts in spam emails – if you do, you may download a virus
• protect your email address – never share it with people you don't know on the internet.

NOTES

1. In the UK the Privacy and Electronic Communications (EC Directive) Regulations 2003 regulate the sending of spam. Businesses and other organisations must gain prior consent before sending marketing emails to individuals, except where messages meet the terms of an exemption for an existing customer relationship. Under this exemption, businesses marketing by email to their own customers may continue to do so providing they have obtained consent i.e. until the addressee requests that the communications stop. The regulations are enforced by the Information Commissioner's Office who can apply enforcement orders to those who breach the regulations. A breach of an order is a criminal offence carrying a fine of up to £5000. The Information Commissioner's Office has published its own guidance, available at the Information Commissioner website.

The OFT can take action under the Control of Misleading Advertisements Regulations 1988, Distance Selling Regulations 2000, the E-commerce Regulations 2002 and the Unfair Terms in Consumer Contracts Regulations 1999. These regulations govern the content of spam.

The Medicines and Healthcare Products Regulatory Agency may take action where spam emails advertise the commercial supply of a prescription-only medicine.

2. In the United States, spam is regulated under the Can-Spam Act 2003. The Act is enforced by the Federal Trade Commission and other appropriate federal agencies. States, acting on behalf of residents, and providers of internet access services are also permitted to bring civil actions for violations of certain sections of the Act.