Wednesday, September 12, 2007

IDA cannot make it

My email to them. Through IDA Website Feedback (Query Form Feedback Form)

Hi, I want to report a Singapore company for sending unsolicited emails to me and see that IDA take action to stop them from doing so. They have marked "ADV" in their subject headers and have an unsubscribed function. However, even after I have unsubscribed twice and called them up once to ask them to remove my emaill address from their database, I still continue to receive frequent emails from them. Please kindly let me know how I can go about lodging a report against this company. Thanks.

Their reply to me.

> Hi My name,

> Under the Spam Control Act, which takes effect from 15th June 2007,
> the civil-based regime will provide civil recourse for recipient of
> non-compliant spam. Recipient of non-compliant spam could sue the
> sender for injunction, damages and statutory damages. However, there
> are no specific authorities which would take enforcement actions
> against spammers. For spam that is malicious by nature, e.g.
> phishing or spam with computer virus, a police report could be made.
>
> Other than legal recourse, we would like to advise recipients of
> spam to configure their filters so that unwanted emails could be
> filtered off instantly. This is especially effective when you could
> identify the sender, and configure the filter that removes all
> emails sent from that particular email address. You may wish to
> check the filters provided by the email service providers. For
> emails service providers like Yahoo! or Gmail, the email filters are
> provided free of charge.
>
Best Regards,
Her Name
IDA Corporate Helpdesk
8 Temasek Boulevard, #14-00, Suntec Tower Three, Singapore 038988 :: Tel: (65) 6211 0888 :: Fax: (65) 6211 2222
The Infocomm Development Authority of Singapore (IDA) is committed to growing Singapore into a dynamic global infocomm hub. IDA uses an integrated approach to developing info-communications in Singapore. This involves nurturing a competitive telecoms market as well as a conducive business environment with programmes and schemes for both local and international companies. Visit IDA's website at www.ida.gov.sg. For enquiries, email to info@ida.gov.sg.
NOTICE: This e-mail (including any attachments) may contain confidential or legally privileged information. Any unauthorised use, retention, reproduction or disclosure is prohibited and may attract civil and criminal penalties. If this e-mail has been sent to you in error, please delete it and notify us immediately.


No kidding I tell you. What a stupid act! So I can only report police if spam is malicious by nature? But what about those that are irrtating by nature? They expect me to sue and help the lawyers and courts get richer?

Plus if we are all suppose to protect ourselves by putting in filters, then why set up the act and make people put in their subject header and why make it mandatory that companies include an unsubscribed function that works? Why lidat?

Here's the act. From IDA's website.

The Spam Control Act Comes Into Effect
Singapore, 8 June 2007 | For Immediate Release

The Spam Control Act 2007 will come into effect on 15 June 2007. It aims to address the still-growing and global problem of spam.

The Act will offer a framework to better manage unsolicited commercial electronic messages sent in bulk, otherwise known as "spam". Spam is estimated to make up the bulk of all e-mails sent worldwide.

The legal guidelines are reasonably easy for marketers to follow and for consumers to understand. It will not offer complete respite from spam, but consumers will get a measure of protection from spam.

Under the Act, marketers - particularly those based in Singapore or who have operations here - who continue to spam the "not interested" group face potential financial penalties. The statutory penalty is $25 for each electronic message, up to a total of $1 million.

Globally, similar laws have been introduced for instance in the United States of America, Japan, South Korea and Australia.

_____________________________________________________________________________________

3 pertinent points from the FAQ section about Spam from Singapore Spam Control Resource Centre. http://www.spamcontrol.org.sg/consumers.html

4. What would be considered appropriate electronic marketing?

Appropriate marketing requires marketers to target their messages and to provide recipients with genuine contact information and a genuine opportunity to have their names removed from future mailings.

The Direct Marketing Association of Singapore has a set of rules to guide marketers on using the e-mail marketing channel responsibly.

6. Is sending spam illegal in Singapore?

Many of the activities associated with the more serious forms of spamming are already illegal in Singapore. For example, it is a criminal offence to engage in e-mail fraud or to obstruct the use of a computer through spamming. Sending spam that contains false or misleading advertising or product claims, or that contains pornography, is also unlawful.

On the other hand, spamming per se is legal provided it complies with the Spam Control legal framework. The law seeks to balance the legitimate interests of businesses that want to advertise through e-mails and mobile messaging, and the interest of recipients who do not want to be swamped daily by spam. It will deter local spammers and clarify the rules for local marketers. It will also give affected persons, for example the Internet Service Providers who are the main victims of e-mail spam, a right of legal recourse against spammers.

(Conclusion: Being a nuisance and sending out unsolicited emails is not illegal)

11. What recourse do I have against non-compliant spammers?

If you suffered loss or damages as a result of the transmission of non-compliant spam, you could also seek legal recourse against the spammer. This takes the form of a civil action against the spammer in court.

If successful, the court could grant injunction, damages, and statutory damages. Statutory damages that could be awarded would be up to S$25 per non-compliant spam, up to a maximum of S$1million. If you wish to claim damages beyond S$1million, you could opt for a grant of actual damages instead. In addition, the court can order the spammer to pay for the costs and expenses of the legal proceedings.

(One spam email every 2 days from one company doesn't amount to much loss or damage but if more companies abuse this, than it will certainly add up to MUCH time loss and irritation. And do they expect me to sue 10 companies at one time?)

AND the reply email has all the ">" there as you see it even though it is a "Fresh" reply. Cannot make it.

Really. Why all the Wayang in having the act and all and not have the commitment to police it?

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