Note: This column represents the opinions
of the writer and as such, is not purported as fact
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Why has NZ's IT Minister changed his mind about the issue of legislating
against spam?
Maybe he had to clear his own mailbox one day and discovered the magnitude
of the problem for himself -- or perhaps a small but vocal group of voters
bailed him up at his local drinking hole and threatened him with physical
harm.
Whatever the reason, Mr Swain appears to have stepped back from his claim
that it would be simply "too hard" to legislate against spam, and about time
too.
While I'm very much opposed to politicians meddling with the world's most
rapidly grown and successful communications system, I'm also aware that
without some kind of action, that system will crumble under the weight
of flash-Harrys flogging fake viagra.
The Aardvark PC-Based Digital
Entertainment Centre Project
Yes, at last, this feature
has been updated again! (31 Mar 2003)
So am I happy?
No, I'm actually very worried.
For some reason, Swain seems to think that it would be a good idea to follow
Australia's lead in respect to anti-spam legislation.
To this I say: "Duh!" and "Why?"
Let's face it, for all their other virtues, or friends across the ditch
haven't shown themselves to be the sharpest knives in the drawer when it
comes to Internet-related legislation. Just look at their farcical
censorship and online gambling laws for example.
And why would we effectively align our anti-spam laws with Australia when the
huge bulk of spam actually originates out of the USA anyway.
I'm also very worried that the government will call on the "expertise(?)" of
those same dim-bulbs responsible for suggesting the payment of $1m
for the domain name newzealand.com.
There are hints that the government is about to screw up the whole thing
in this story from IDG
where the phrase "opt-in" is used rather than the essential phrase "confirmed
opt-in" or "double opt-in".
Do our politicians even realise the *huge* difference between opt-in and
confirmed opt-in?
If not, I'd be glad to demonstrate the effect -- just send me the email address
you'd like to see that demonstration launched against.
And why are we only seeking to "minimise" false or misleading subject lines
and header information? Do our current road laws allow us to drink-drive
occasionally so as to merely "minimise" the number of deaths that result? I
think not.
Perhaps the answer to getting some effective, internationally recognised legislation
to the problem of spam is to follow the example of copyright and trademark laws.
Just look at how the Berne convention
has quite significantly harmonised key copyright laws around the world. I
strongly believe that the only way we'll deal to spam at a legal level is
to organise exactly the same type of accord in respect to anti-spam legislation.
As I've said before in this column -- if NZ want's to make it's mark in the
Knowledge Economy, why don't we take the initiative on this one and kick-start
such an initiative. Let's lead the way to drafting an international
convention on the spam issue instead of first saying "it's too hard" and
then trying to hitch a ride on Australia's apron strings.
Sure, there'd be a cost involved in getting such an accord drafted and selling
it to potential signatories -- but that cost is just a tiny fraction of the
amount that spam costs every NZ business every year -- so let's get our
fingers out and get going!
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