ECT Act a License to Spam??

[Peter_J]

I received as spam email from some crowd called Netreacher, a.k.a. Nick Kraus or NK Group, based down the KZN coast. I contacted their ISP Integrated Technologies who in turn requested an explanation. The reply I received from this Nick Kraus contained this statement:

We are conversant with section 45(4) of the South African Electronic
Communications and Transactions Act, 21 of 2002 and subsequent amendments.

In terms of the Act we are entitled to send out marketing mail that
complies with its provisions.

So it looks like this Act is now being used by spammers to justify their actions.

I would be interested to get opinions ( legal or other ) on this.

I would also urge ISPs to disallow ANY spamming, via their conditions of use, otherwise we are going to face floods of this blasted "legalised" spam from local companies.

 

[pip]

Their DNS server's IP address appears to be in a range owned by IS. I am sure their terms of service would not allow this.

 

[bwana]

I received as spam email from some crown called Netreacher, a.k.a. Nick Kraus or NK Group, based down the KZN coast. I contacted their ISP Integrated Technologies who in turn requested an explanation. The reply I received from this Nick Kraus contained this statement:



So it looks like this Act is now being used by spammers to justify their actions.

I would be interested to get opinions ( legal or other ) on this.

I would also urge ISPs to disallow ANY spamming, via their conditions of use, otherwise we are going to face floods of this blasted "legalised" spam from local companies.

According to the act - there has to be an option available to unsubscribe and they have to tell you where they got your details from:

45. (1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer-
a. with the option to cancel his or her subscription to the mailing list of that person; and
b. with the identifying particulars of the source from which that person obtained the consumer's personal information, on request of
the consumer.

Have they?

 

[Peter_J]

According to the act - there has to be an option available to unsubscribe and they have to tell you where they got your details from: Have they?

Yes they have promised that that email address will not be sent more spam, and they say my email address is "in the public domain".

But my point is not whether they comply with the Act or not, rather that the Act is now being used as justification for sending spam. They feel they are "entitled" to do so. I don't.

 

[HvRooyen]

IANAL, so no comment on the legality of this (although it seems legit - SA not the only country with that problem).
The 'public domain' excuse seems shifty. I've had the same sort of problem with other spammers - they just say they can't remember where they got your email address from.