SPAMMING
Hot topic link: http://www.jaconline.com.au/legalstudies/hot-topics.htm
Syllabus links: Section D (vii) Technology — new technologies are causing legislative and monitoring challenges for
communities, new forms of doing business are subject to monitoring, control and regulation by government
(Understandings); Contracts — Email (Recommended subject matter)
Section F Overview — In a complex technological society, the law has a dual problem in responding to changing social
values (Understandings); New technologies and computer crime (Recommended subject matter)
Textbook links: Legal Studies in Action 2, (2nd ed), pp. 301–2, The use of email; pp. 305–6, E-commerce
legislation; pp. 373–5, Is the law up-to-date?
Knowledge and understanding
1.
Define spam.
2.
Explain how the new Spam Act restricts the ability of an organisation to send spam to potential or current customers.
3.
Can a person consent to another sending spam to them? Explain how this can happen.
4.
Name five organisations that are exempt from the anti-spamming laws, and explain why they have been exempted.
5.
Why has spamming become illegal in Australia?
6.
Explain why the spam must have an Australian link to be banned by the new law.
Investigation
Are the following activities of Burger McJacks (BM) legal, according to the new spamming laws?
1. BM obtains customers’ email addresses by running a competition where customers fill out their contact details. BM
then regularly emails these customers with their latest deals and promotions.
2.
BM uses a local Chamber of Commerce list to obtain email addresses of local businesses, then emails them with
their latest deals and promotions.
3.
BM sends customers factual information about their product, including its nutritional value, after bad publicity
surrounding a movie showing the health consequences of too much fast food.
4.
BM obtains the customer list of one of its competitors, and sends all of these customers details of BM’s products.
5.
This weekend, BM is hosting a sausage sizzle to support Kids Helpline, a charitable institution. BM emails its
customers with details of the promotion.
Research
1.
Collect five examples of spam messages. Do these messages comply with the new law?
2.
Design a website or PowerPoint presentation to educate a local business about complying with the new law.
3.
How is spam regulated in other countries? Research the law of the United States, Canada, Great Britain or New
Zealand in this area. How does the Australian law compare with spam laws in other countries?
4.
Do you agree with the new laws as framed? Justify your view. What changes would you suggest?
© John Wiley & Sons Australia, Ltd 2004
003-spamming-wksht.pdf
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