CARLY WEEKS
From Friday's Globe and Mail Published on Friday, Nov. 07, 2008 2:27AM EST Last updated on Tuesday, Mar. 31, 2009 9:10PM EDT
Canada is the only G8 country that has failed to crack down on spam, the unsolicited e-mails that are increasingly traps for identity theft and fraud.
Security and privacy experts have been urging the federal government for years to take action, but nothing has been done and it's unclear if things will change.
Spam accounts for more than 80 per cent of all e-mail traffic in Canada, according to Industry Canada. But the problem isn't just that the messages are annoying. Spam has evolved from the crude Nigerian letter asking for money to sophisticated messages that appear to originate from the recipient's bank or credit-card
company, and are designed to trick users
into surrendering their personal information.
Other countries, such as Australia, have had luck reducing spam after introducing strict measures in 2004, including fines for repeat offenders of up to $1.1-million for each day they are found to have sent spam.
Earlier this month, authorities in the United States used anti-spam laws to shut down a criminal network believed to be responsible for one-third of all unsolicited junk messages on the Internet.
When Canada's do-not-call list was launched earlier this fall, thousands of people anxious to avoid telemarketers overwhelmed the system and jammed the registry's website.
Yet, while it was well received, the initiative may completely miss the mark for many Canadians. Far more annoying - and prevalent - in some consumers' lives are the dozens of junk e-mails that come in daily, advertising everything from bootleg Viagra to gold watches. More worrisome are fraudulent offers from fake lottery corporations, travel companies or banks.
Federal privacy commissioner Jennifer Stoddart said the government has allowed the problem to fester for far too long and should deal with it immediately before more victims fall prey to e-mail scams.
"Unfortunately, basically nothing has happened," Ms. Stoddart said in an interview. "This is getting critical because identity theft and identity fraud is increasing."
A federally appointed task force released a report in 2005 that called for a series of strong recommendations, including legislation to tackle the growing threat posed by spam. Without action, the problem has continued to grow. The cost of junk e-mail to businesses and consumers around the world has doubled to $100-billion a year since 2005, according to Ferris Research.
This fall, Prime Minister Stephen Harper campaigned on a promise to create new measures to protect consumers, including legislation to reduce spam. According to the Conservative platform, a new law would: make it an offence to send spam in order to collect personal information to commit fraud; reduce e-mail-based identity theft, and set fines for offenders.
But how quickly the government plans to follow through, and even more importantly, how tough the proposed anti-spam measures are, will determine whether any government effort has a tangible effect on reducing junk e-mail.
"It's not just a matter of writing a law, it's a matter of providing the resources behind the issue as well," said Michael Geist, law professor at the
University of Ottawa and Canada Research Chair of Internet and e-commerce law.
Experts agree that no solution is perfect and that it's impossible to stop unsolicited e-mails through legislation alone. But, they say, creating strong laws would send a clear signal that Canada takes the problem seriously. It would also give law-enforcement bodies the authority to take on the issue and target offenders. New legislation would also be the first step toward working closely with other countries to find spammers, who may work with counterparts around the world.
"I think it's a huge consumer issue and I'm really hoping the government's going to move forward," Ms. Stoddart said.
But any new measures must be strong and enforceable in order to avoid becoming a toothless piece of paper, Prof. Geist said.
"With tough legislation, with real penalties, we would see the amount of Canadian-based spam decline substantially," he said.
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Anti-spam measures around the world
Other countries have taken steps to combat the amount of spam hitting businesses and consumers, with varied results.
Australia: Amendments to the country's Spam Act, which came into force in 2004, have been touted as the toughest in the world. Authorities have the power to issue warnings, infringement notices or pursue court action. If the courts rule the law has been violated, it can order the offender to give up financial gains and compensate victims, as well as order repeat offenders to pay fines up to $1.1-million for each day they are found to have sent spam. Experts in Canada hope the federal government uses Australia as an example.
United States: The Can-Spam Act, which came into effect in 2004, requires commercial e-mails to indicate that they are solicitations and provide opt-out instructions, as well as the physical address of the sender. False or misleading information is prohibited. Violators can be fined anywhere from $250 to $6-million (U.S.) for intentional violations. In severe cases, offenders could face up to five years in prison.
United Kingdom: An anti-spam law passed in 2003 banned unsolicited messages and included fines of up to £5,000 ($9,200) or unlimited fines if the case is heard before a jury. The law has been criticized as too weak.
Carly Weeks
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