Spammer prosecuted in New Zealand

Today (well, actually tomorrow, but only because New Zealand is on the other side of the date line) the NZ Department of Internal Affairs added a 3rd statement of claim against Brendan Battles and IMG Marketing. This third claim brings the total possible fines to $2.1 million.
Brendan is a long term spammer, who used to be in the US and moved to New Zealand in 2006. His presence in Auckland was noticed by Computerworld when a number of editors and staffers were spammed. When contacted by the paper, Brendan denied being involved in the spam and denied being the same Brendan Battles.
New Zealand anti-spam law went into effect in September 2007. The Unsolicited Electronic Messages Act 2007 prohibits any unsolicited commercial email messages with a New Zealand connection, defined as messages sent to, from or within New Zealand. It also prohibits address harvesting.
The Internal Affairs department also appears to be investigating companies that purchased services from Brendan Battles.

Internal Affairs was still investigating businesses that had bought and used IMG databases some of which had been fined for breaching the act. Senior investigator Toni Demetriou said the sender of any commercial electronic message must have the consent of the recipient before the message was sent. stuff.co.nz

Poor Brandon. He moves to a country with no anti-spam law and then a year later they enact a law prohibiting any unsolicited email marketing.

Related Posts

Attention is a limited resource

Marketing is all about grabbing attention. You can’t run a successful marketing program without first grabbing attention. But attention is a limited resource. There are only so many things a person can remember, focus on or interact with at any one time.
In many marketing channels there is an outside limit on the amount of attention a marketer can grab. There are only so many minutes available for marketing in a TV or radio hour and they cost real dollars. There’s only so much page space available for press. Billboards cost real money and you can’t just put a billboard up anywhere. With email marketing, there are no such costs and thus a recipient can be trivially and easily overwhelmed by marketers trying to grab their attention.
Whether its unsolicited email or just sending overly frequent solicited email, an overly full mailbox overwhelms the recipient. When this happens, they’ll start blocking mail, or hitting “this is spam” or just abandoning that email address. Faced with an overflowing inbox recipients may take drastic action in order to focus on the stuff that is really important to them.
This is a reality that many marketers don’t get. They think that they can assume that if a person purchases from their company that person wants communication from that company.

Read More

McColo goes offline

Last week a major player in the botnet arena was taken offline when they were shutdown by their upstream provider.  With the demise of McColo, there has been a 30 – 50% drop in the amount of spam as measured by any number of different techniques. The CBL team has posted an article about their view of the McColo disconnection, which includes links to press articles about the shutdown. Spamhaus has their own take on the shutdown and another collection of links to articles about the shutdown.
In my own mailbox, I have noticed a drastic decrease in the amount of spam over the last week. I am too jaded to expect that the change is permanent, but it is nice while it lasts.

Read More

The dark side of email marketing

Everyone I talk to when dealing with issues inevitably has to tell me they are legitimate email marketers. They’re not spammers, they’re just business people. I often find it difficult to fathom why they need to tell me this. It’s not like email marketers are criminals or anything.
Two recent stories reminded me how evil some folks are. While I’ve not had any direct contact (that I know of) with any of the players on this end of things I have zero doubt that if they called me they would tell me that they were legitimate email marketers.
In one case, a members of a spam gang kidnapped the teenage daughter of someone investigating their activities. The gang held her for more than 5 years in horrific conditions. Yesterday Joseph Menn, author of “Fatal System Error” posted on Boing Boing that his friend got his daughter back. It is a heartbreaking story and incredibly sobering.
In another case, the Russian police arrested a man who ran spammit.com, a clearinghouse for viagra sellers to find spammers to send their mail. Reports say that mail volumes dropped by a fifth after the site was taken offline.
There is real evil in the email marketing industry. Sure, they’re spammers and we can all stand up and say they’re not legitimate. But, this is what the ISPs and Spamhaus and law enforcement are dealing with on a regular basis.

Read More