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Thread: Formal procedure against South African Spammers required

  1. #1

    Default Formal procedure against South African Spammers required

    (I have no idea which thread forum this belongs under, so MODS please move it to the correct one.)

    I know we all hit the delete button or simply install filter software or use gmail spam filters BUT sometimes an email gets through. AND sometimes it pisses me off so much I want to take action against the email spammer.

    Please could Dominic (or others) provide a step by step procedure to take action against South African email spammers. Then could RPM please make it a sticky.

    EDIT: And I am not looking for WASPA SMS spam info, but email related.

    What I am actually after is the procedure to lay a charge against a South African company in terms of the ECT act paragraph 45.
    Last edited by Telkomhater; 13-06-2007 at 02:09 PM. Reason: corrected spelling
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  2. #2
    SmoothOokerMaximus The_Librarian's Avatar
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    Quote Originally Posted by Telkomhater View Post
    Please could Domonic (or others) provide a step by step procedure to take action against South African email spammers. Then could RPM please make it a sticky.
    He's not a demon, and it's spelt Dominic
    Christ-mass is NOT for Christians. Jeremiah 10.
    Is the 10 Commandments for Christians?

    Saturday is the Seventh day, Sunday is the first day.

  3. #3
    Software Communist Tux's Avatar
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    Quote Originally Posted by The_Librarian View Post
    He's not a demon, and it's spelt Dominic
    I Always thought that was part of the job description for ambulance chasers..

    But I agree, we need to get serious with spammers. If i look at my logs it seems to be on the increase the last couple of months
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    SmoothOokerMaximus The_Librarian's Avatar
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    Nevermind the oke that was caught last month or so...

    seems the small fry's moving in, hoping to become the Big Doff soon...

    Maybe we can pull a 418 on them as soon as we can get their cell numbers?
    Christ-mass is NOT for Christians. Jeremiah 10.
    Is the 10 Commandments for Christians?

    Saturday is the Seventh day, Sunday is the first day.

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    Software Communist Tux's Avatar
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    Yeah I agree T_L
    spam the spammers
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  6. #6
    Legal Expert: Telecoms
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    mmm - not really something i am that interested in (always struck me as more of a technical rather than a legal issue) but

    - we are only dealing with spam with local origins
    - on the internet.org.za site there is the following sample letter

    Since this is a commercial message, and since I have not requested to
    be placed on your mailing list, this message constitutes an unsolicited
    communication in terms of section 45 of the Electronic Communications
    and Transactions Act (Act 25 of 2002).

    In terms of section 45(4) of this Act, this message serves as
    notification that I do not wish to receive any further communications
    from you. Failure to comply with this request constitutes a criminal
    offense in terms of the ECT Act.

    Additionally, I hereby request that you immediately disclose where you
    obtained my contact details, as per section 45(1) of the ECT Act.
    Failure to respond to this request also constitutes a criminal offense.

    [Optional paragraph:
    I note that your original message did not provide me with an option to
    cancel my subscription to your mailing list, as required by section 45(1)
    of the Act. This means that you may already have committed an offense
    in terms of section 45(3) of the Act, and may be subject to prosecution.]

    Should you wish to familiarise yourself with the relevant legislation,
    or check my facts, a copy of the ECT Act is available on-line via the
    Government's web site: http://www.gov.za/gazette/acts/2002/a25-02.pdf.

    Your co-operation in this matter will be appreciated,
    if you believe that a crime has been committed thru
    - repeated receipt of unsolicited mail
    - refusal to provide info as to where they obtained your address
    - failure to provide an unsubscribe link
    then you will have to go and physically lay a charge - take a copy of the act and a large dollop of patience

    i am not sure whether it is possible to go thru the SAPS unit specialising in cybercrimes but google may be your friend there

    @ the end of the day, while i am aware that this has been done successfully, whether or not the matter goes anywhere will be largely up to the amount of energy you put into it

    [may be worth pm'ing crbuys - more his kind of issue than mine]

    regards
    demonic

  7. #7

    Default

    Thanks for the reply. I happened to have that exact example of a response, which I sent to the sender. Of course no reply from him was received.

    At the end of the day, hitting the delete button is the quickest and easiest answer. But that is why we all continue to get them! Because no one is actually willing to take the time and the effort to see the process through.

    I just wish there was a body like WASPA for email spam where I could do an electronic complaint and then they do all the work for me.

    Maybe if there was and it was public knowledge that xyz pty Ltd got fined R20000 then others would think twice before sending it.

    In this case it is not a Viagra type Spam but rather a small business advertising themselves. Feel sorry for the guy cause he is only trying to get "free advertising" but still!
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  8. #8
    Legal Expert: Telecoms
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    what happened to the ISOC initiative to offer a spammer bounty?

    http://www.isoc.org.za/outreach/spammerbounty.html


    ahhhh...the motherlode - http://wiki.isoc.org.za/Main_Page

    How to prosecute a spammer

    1. Report the incidence to the police (make sure that you have all the details including the email headers and an explanation of how the spammer has broken the law and be ready to make a clear statement). Keep in mind that the police officer that will take your statement with most probably have little idea of these laws and what spam is (do not be put off by this).

    2. Follow up and ensure that you obtain a case reference number (make sure that you get a contact number when you report the spammer) and a contact number for the detective assigned to the case.

    3. Contact the detective and ensure that the commercial branch and Cyber crime specilists are involved

    4. Continue communicating with the detectives to ensure the proscecution is completed

  9. #9

    Default

    Holy Moly Dominic, you angel you

    I was going to drop the matter cause all the hasstle was not worth it, but the ISOC bounty offered makes it worth it.

    As such, ISOC have joined forces with various organisations and through the Spam Bounty Hunter initiative, will look to provide Internet users with a knowledge resource on what spam is and how to catch a local spammer.... As an incentive, a bounty of R7,500 for an admission of guilt fine, R15,000 for a conviction in the magistrates court and R30,000 for a conviction in the high court, will be rewarded to any member of the public that successfully convicts a spammer.
    One last question: What is the time frame that is considered legally fair for the spammer to respond to my request for the information on where he got my address?
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  10. #10
    Legal Expert: Telecoms
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    "reasonable" - i would look at 48 hrs but if you want to proceed with a prosecution go on the safe side and say 5 working days

    bountyhunter

  11. #11
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    [QUOTE=Telkomhater;1081964]Thanks for the reply. I happened to have that exact example of a response, which I sent to the sender. Of course no reply from him was received.

    dude dont reply to the spam messages, i did once and i got tenfold more cr@p from various other b@st@rdos
    Avada Kedavra!

  12. #12

    Default

    Damn I did not know this:

    According the South African ECT definition of what is SPAM:
    An unsolicited commercial communications email message is not considered SPAM if it contains an unsubscribe option. It only becomes SPAM once the receiver's request not to receive further "email advertisments" is not honoured by the sender or if the sender refuses to disclose the source from which the sender obtained the receiver's personal information, on request of the receiver. (my words)

    Therefore you allowed to send an unsolicited advertisment via email to anyone provided that you tell them where you got their address, and stop sending them emails if they ask you to do so.
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  13. #13
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    Default

    I asked this question here once and the advise was
    1 Complain to their isp also to saix or IS,whichever they use.I did that and it look like it worked,never got one from them.

    I also enter their addy to porn mailinglists,especially the illegal and/or perverted stuff for good measure...

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