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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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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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