Member Article

EC communication on fighting spam

With Ward Hadaway Law Firm

In a new communication on fighting spam, spyware and malicious software the European Commission has stated it wants stricter enforcement of existing legislation to reduce the spread of spam.

The Commission acknowledges that spam has grown rapidly over the last few years. Research suggests that between 50% and 80% of all emails received are unsolicited. From being a mere nuisance, spam is now used for fraudulent purposes to obtain personal information by the use of phishing techniques and spyware. It is also becoming more sophisticated in circumventing anti-spam software – codes are used to hijack computer systems and distribute spam anonymously.

Despite the introduction of the ePrivacy Directive, which imposed a ban on spam, unsolicited email is still a problem. 32% of the world’s spam comes from Europe, with France, Spain, Poland and Italy the worst offenders. However the Commission does not intend to introduce further legislation yet. It believes that stricter implementation of the current law should be enforced. It highlights the example of Holland where spam has been reduced by 85% by the investment of just 5 dedicated employees at its anti-spam agency and practice, reducing domestic spam from 80% to 30%.

The Communication recommends four steps that Member States and enforcement authorities need to implement to reduce spam:

• Set clear lines of responsibility for national agencies involved in fighting spam
• Ensure effective coordination between competent authorities
• Ensure adequate resources are made available to enforcement efforts
• Subscribe to international cooperation procedures and act on requests for cross border assistance

The communication also highlights action that industry can take to improve consumer confidence and help reduce abusive emails. Meanwhile the Commission intends to reinforce cooperation with third countries on the issue of spam, particularly the US and Asia.

If you have any queries relating to this or any other IT or intellectual property issues please contact Colin Hewitt at colin.hewitt@wardhadaway.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .