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13 April 2007 / Kevin Rogers
Issue: 7268 / Categories: Features , Media , Regulatory
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Spam nation

Anti-spam legislation needs further explanation and funding, says Kevin Rogers

According to an estimate by the European Commission published in November 2006, the cost of dealing with unwanted e-mails, commonly called spam, was around €39bn worldwide in 2005. The EU Directive (2002/58/EC) on the processing of personal data and the protection of privacy in the electronic communications sector is arguably the key piece of anti-spam legislation. It was implemented in the UK as the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (the regulations) and came into force in December 2003.

The regulations have been criticised for the nature and definition of ‘consent’ under reg 22; the limited remedies under reg 30; and the somewhat limited enforcement of these provisions by the Information Commissioner. Despite the UK’s provisions, spam volumes are continuing to rise and, according to Spamhaus, the UK remains in the top 10 of countries ranked by ‘spam issues’. Until recently, the only successful case under the regulations was Nigel Roberts v Media Logistics UK (2005, unreported). Mr Roberts obtained £270

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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