OFT and EU host international spam summit

208/05    3 November 2005

Government and business must work together and across borders to tackle spam, said the OFT today at a summit of international spam enforcement agencies in London.

The summit, hosted by the OFT and the European Commission Contact Network of Spam Enforcement Authorities, brings together over 60 public and private sector agencies from over 27 countries to promote cross-border cooperation on spam and spam-related problems, such as on-line fraud and computer viruses. These agencies, signatories to the London Action Plan on spam (see note 3), have undertaken to work together to tackle spam through smarter, more strategic law enforcement and by educating consumers and business on how to avoid falling victim to spammers.

Bulk unsolicited electronic messages, or spam, accounts for over 66 per cent of all e-mail traffic on the internet, or two in every three emails (see note 3).  In 2004 some 25.5 billion messages were spam. Spam email 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.

Examples of enforcement action and other anti-spam initiatives undertaken by LAP members include:

• the prevention, by the OFT, of a company trading as UK Dropshippers from selling on lists of three million bogus 'opt-in' email addresses to potential spammers through its website. The website has ceased trading after a warning from the OFT
• implementing Operation Spam Zombies (see press release  98/05) to counter the problem of hackers tapping into people's home computers and using them to send millions of unsolicited spam e-mails without the computer owners' knowledge.  Thirty six LAP members participated in the operation which has so far identified 460 Internet providers in 64 countries that are hosting hijacked personal computers
• in Texas, LAP member Microsoft and US authorities are taking court action against PayPerAction L.L.C., Leadplex L.L.C. and Leadplex Inc., which spam watchdog SpamHaus.org ranks as the fourth largest illegal spam operation in the world
• LAP member the US Federal Trade Commission has also started legal action against Global Web Promotions, a spam enterprise that operates out of Australia and New Zealand.  Another of the largest spammers in the world, since January 1, 2004 the FTC received 399,000 unwanted spam e-mails from consumers from Global Web Promotions.

The conference will include sessions on effective collection of spam data by enforcement agencies; the authentication of email; multi-country spam enforcement and investigative assistance across borders; and the development of an efficient international case referral system.

John Fingleton, OFT Chief Executive, said:

'Spam continues to be a major international problem, clogging networks and reducing consumer confidence in the internet marketplace. The London Action Plan is fast proving its value as a unique partnership that brings together different government agencies and business to combat spam. The interaction of business and government must go further.'

Jon Leibowitz, FTC Commissioner said:

'Governments are not the only ones who can bring spammers to court – companies can too. The private sector should remain active in pursuing legal actions.'

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
• don't buy, don't reply.

Top tips to avoid spam:

• use a spam filter – often available with your email package
• If you don't know who the email is from - delete it
• Don't respond to an unsolicited e-mail by giving anyone your bank or credit card details
• 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 (PECRs) 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.

The OFT can also take action under PECRs and use other relevant consumer protection legislation such as 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 to regulate 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. The London Action Plan was launched last year (see press release 168/04) to develop international cooperation and coordination between government, consumer and business organisations on spam and spam-related problems. The network has grown from 19 agencies in 15 countries to over 60 agencies in 27 countries across four continents.

3. Figures for spam as a proportion of email traffic are provided by LAP signatory Messagelabs, September 2005.

4. OFT consumer tips for combating spam are available on the OFT website.