InternetNZ releases draft anti-SPAM code of practice for ISPs

Posted on 08/06/2007

Public comments on a draft code of practice for ISPs in relation to New Zealand’s anti-spam legislation are invited by 18 June 2007.

The Unsolicited Electronic Messages Act is due to come into force on 6 September 2007. The Act is intended to reduce the amount of unsolicited emails and other electronic messages (spam) sent and received in New Zealand.

Everybody sending or receiving e-mails within New Zealand does so through an Internet Service Provider (ISP). InternetNZ, in collaboration with the NZ Marketing Association and the Telecommunications Carriers’ Form, has prepared a draft code of practice for ISPs in relation to spam and the Unsolicited Electronic Messages Act.

The code will establish minimum acceptable practices for parties that provide any goods, services, equipment or facilities that enable or facilitate telecommunications. This includes ISPs.

The obligations imposed on ISPs by the draft code are to:

  1. provide customers with information about their obligation not to send spam, methods of minimising the amount of spam received, complaint procedures for reporting spam, and whether or not the ISP filters email messages for spam;
  2. co-operate with law enforcement agencies that are investigating spam;
  3. make spam filters available to customers;
  4. not allow unauthorised persons to send email messages via their systems;
  5. retain information about IP addresses assigned to customers;
  6. consider and implement best-practice actions that may reduce spam.

Surprisingly, a failure to meet the standards specified in the draft code is not actionable under the Unsolicited Electronic Messages Act. Instead, action must be taken under other legislation, such as the Telecommunications Act, the Fair Trading Act or the Consumer Guarantees Act. In such proceedings the draft code can provide evidence of what might be considered best practice for ISPs in relation to spam.

The draft code is available on InternetNZ's website (http://www.internetnz.net.nz/issues/current-issues/anti-spam) and public comments on it are invited by 18 June 2007.

If you would like more information, or would like assistance in preparing submissions on the draft code, please contact your usual advisor at Baldwins.