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My first illegal Kiwi spam

The most important story on the wires this week has been the enactment of New Zealand's first ever anti-spam legislation.

So far things are looking grim.

Not only did the volumes of locally sourced spam go through the roof as hundreds of anxious "email marketers" sought permission to send email to their target audience, but overseas spammers just didn't give a toss -- the law doesn't effect them.

As I reported yesterday, some eager marketers cut it very close in getting their begging letters out, and some just stuffed the whole thing up completely.

Well yesterday I got my first bonafide spam from a Kiwi company since the anti-spam law was enacted and it was another case of a giant stuff-up by someone who ought to know better.

Mr Oliver Raman really needs to get himself a calendar or some sensible advice when it comes to mailing potential customers.

In an email dated Wed, 05 Sep 2007 17:00:02 +1200 he invited me to subscribe to the mailing list run by Avex, a company that seems to run aviation industry trade-shows.

Mr Raman is listed on the company's website as being a key person and the "AVEX Director (Development)", which leaves me wondering why *his* name was tagged to this spam.

Perhaps Peter Moodley, as AVEX Director (Marketing) should have carried the can for this one.

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"From time to time, the National Aviation Expo of New Zealand Ltd. (AVEX) will send you updates about the event in 2008 that may be of interest to you.

We would like to send this information to you electronically. Under the new Unsolicited Electronic Messages Act which takes effect from 5th September 2007, we need your consent to do so"

So it's clear that before they sent this spam, they were very much aware of the implications of this new legislation -- but they went ahead and spammed me anyway -- albeit with an invitation to receive more spam.

I'm also concerned that this might just be an invitation to opt-out rather than opt-in, since they clearly state that they "will send" more stuff "from time to time".

Sux to you Avex. Looking at your timing and apparent contempt for the law you claim to be trying to operate under, I wonder if you could organise a airshow at an airport.

And while on the subject of this new law, I see that InternetNZ has released its new ISP Spam Code of Practice.

Once you cut through all the screeds of bureaucratic double-speak, it's just a sensible set of guidelines for service providers and is a good idea. Of course compliance is voluntary and the suggestions are commonsense so it's probably more an exercise in "feelgood politics" than anything -- but it won't hurt.

While browsing it however, I did notice this interesting potential "gotcha" for some Kiwi companies (from the ISP anti-spam COP):

"Under the Act it is illegal to send, or cause to be sent, 'commercial electronic messages' that have a New Zealand link and which are unsolicited. A message has a 'New Zealand link' if it either originates or was commissioned in New Zealand, or originates overseas but has been sent to an address accessed in New Zealand or a recipient present or carrying on business in New Zealand."

Hmm... so what happens when a (say) US company sends an unsolicited commercial message to an NZ resident and that US company has either an NZ branch or a distributor representing them in NZ?

Is that NZ branch and/or distributor effectively now guilty of spamming?

But who cares -- it's all rhetorical because the DIA isn't going to prosecute anyone. I suspect that even the worst offenders will simply get their wrist slapped with a wet bus ticket by way of a nasty warning written on the back of a "get out of jail free" card.

Is this anti-spam Act just another dog's breakfast created by bureaucrats?

What do you think of the ISP Anti-spam COP? Is it really a document with no actual purpose -- given that its contents are commonsense and compliance is purely voluntary?

Do you plan to lay any complaints if/when you get spammed by NZ-resident companies or individuals -- or do you figure it's just a total waste of time to do so?

Do you have any words of advice for Avex?

Have your say on this...

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