jm + spam + law   12

DIRECT MARKETING - A GENERAL GUIDE FOR DATA CONTROLLERS
In particular:
Where you have obtained contact details in the context of the sale of a product or service, you may only use these details for direct marketing by electronic mail if the following conditions are met:

the product or service you are marketing is of a kind similar to that which you sold to the customer at the time you obtained their contact details
At the time you collected the details, you gave the customer the opportunity to object, in an easy manner and without charge, to their use for marketing purposes
Each time you send a marketing message, you give the customer the right to object to receipt of further messages
The sale of the product or service occurred not more than twelve months prior to the sending of the electronic marketing communication or, where applicable, the contact details were used for the sending of an electronic marketing communication in that twelve month period.
email  spam  regulations  ireland  law  dpc  marketing  direct-marketing 
september 2014 by jm
UK's ICO spam regulator even more toothless now
We appealed this decision, but on June 2014 the Upper Tribunal agreed with the First-tier Tribunal, cancelling our monetary penalty notice against Niebel and McNeish, and largely rendering our power to issue fines for breaches of PECR involving spam texts redundant.


This is pretty terrible. The UK appears to have the weakest anti-spam regime in Europe due to the lack of powers given to ICO.
ico  anti-spam  uk  law  regulation  spam  sms 
september 2014 by jm
SI336 - current Irish anti-spam law
"European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011". Spam is covered under 13.1, "Unsolicited communications", on page 16 of this PDF
spam  anti-spam  law  ireland  eu  ec  sms  email  si336  privacy  regulation 
september 2014 by jm
Irish Water Data Protection Notice: A review…
Tried and came up wanting. Particularly notable for its illegal "Marketing" section, which attempts to evade opt-in-required anti-spam law with a "consent landgrab" on SMS and email
irish-water  law  dpc  data-protection  privacy  spam  opt-in  si336  sms  email  ireland 
september 2014 by jm
How not to stop spammers
Spam Arrest is a company that sells an anti-spam service. They attempted to sue some spammers and, as has been widely reported, lost badly. This case emphasizes three points that litigious antispammers seem not to grasp:

Under CAN SPAM, a lot of spam is legal.
Judges hate plaintiffs who try to be too clever, and hate sloppy preparation even more.
Never, ever, file a spam suit in Seattle.
anti-spam  spam  law  seattle  us  can-spam  spamarrest  sentient-jets 
september 2013 by jm
Spamalot reigns: the spoils of Ireland’s EU kingship | The Irish Times - Thu, Jun 13, 2013
The spam presidency. As European citizens are made the miserable targets of unimpeded “direct marketing”, that may be how Ireland’s stint in the EU presidency seat is recalled for years to come.
Under the guiding hand of Minister for Justice Alan Shatter, the Council of the European Union has submitted proposals for amendments to a proposed new data protection regulation, all of which overwhelmingly favour business and big organisations, not citizens.
The most obviously repugnant and surprising element in the amendments is a watering down of existing protections for EU citizens against the willy-nilly marketing Americans are forced to endure. In the US there are few meaningful restrictions on what businesses can do with people’s personal information when pitching products and services at them.
In the EU, this has always been strictly controlled; information gathered for one purpose cannot be used by a business to sell whatever it wants – unless you have opted in to receive such solicitations. This means you are not constantly bombarded by emails and junk mail, nor do you get non-stop phone calls from telemarketers.
Under the proposed amendments to the draft data protection regulation, direct marketing would become a legal form of data processing. In effect, this would legitimise spam email, junk print mail and marketing calls. This unexpected provision signals just how successful powerful corporate lobbyists have been in convincing ministers that business matters more than privacy or giving citizens reasonable control over their personal information.
Far worse is contained in other amendments, which in effect turn the original draft of the regulation upside down.


Fantastic article from Karlin Lillington in today's Times on the terrible amendments proposed for the EU's data protection law.
eu  law  prism  data-protection  privacy  ireland  ec  marketing  spam  anti-spam  email 
june 2013 by jm
EDRI's comments on EU proposals to reform privacy law
Amendments 762, 764 and 765 in particular seem to move portions of the law from "confirmed opt-in required" to "opt-out is ok" -- which sounds like a risk where spam and unsolicited actions on a person's data are concerned
law  privacy  anti-spam  eu  spam  edri 
june 2013 by jm
Irish mobile phone companies: still spammy
'Pro tip: if you're going to spam, try not to spam the DPC's Director of Investigations.' -- lolz
funny  oh-dear  three  hutchinson  ireland  mobile  spam  dpc  law 
december 2012 by jm
N.Y. broker charged for boosting stock prices with spam - SC Magazine US
'As the [pump and dump] scheme played out from January 2005 through December 2007, Berger allegedly led the sale of about 30 million shares of stock, generating approximately $30 million for co-conspirators and more than $600,000 in commission for himself.'
pump-and-dump  stox  stocks  spam  prosecutions  law  cases  penny-stocks  via:spambully  from delicious
february 2011 by jm
I was a Doctor at an online pharmacy
Reddit thread from answers from a "doctor" at a dodgy online prescription-drugs store, supposedly not a spamvertized one though
medicine  pharma  spam  reddit  iama  scummy  illegal  law  from delicious
january 2010 by jm
Irish law regarding unsolicited SMS messages
what is the law, and how to make a complaint against an Irish company, via Donncha
via:donncha  law  ireland  sms  texting  spam  unsolicited  bulk  texts 
july 2009 by jm

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