to help enterprise security across Europe
The resource centre for busy senior executives seeking the latest insights into IT Compliance & Privacy issues for major organizations
 
sarbaines oxley ofcom communications regulator
Latest Resources      data protection register
compliance resources privacy resource center

Breaking Global News
Global Compliance and Privacy News
- Breaking News, updated every 30 minutes
•   Compliance, Privacy and Security
•  Money Laundering
•  Phishing
•  Regulatory Issues
•  SOX, Basel 2, MiFID


You Tell Us:
S
S
L

T
E
C
H
N
O
L
O
G
Y
We use SSL Technology for web data entry points:

Always
Sometimes
Never
What is SSL?

News
Are Smartphones Endangering Security? - Wick Hill
Dealing with Internet Security Threats - Ian Kilpatrick
How the New EU Rules on Data Export Affect Companies in and Outside the EU - Thomas Helbing
Farmers' Data Leak Highlights Old Technology Use - Wick Hill
Saving Money with SFTP - Wick Hill
UK Information Commissioner targets firm selling vetting data - Eversheds e80
12 Key Steps to Internet Security - Wick Hill
Telephone Monitoring Legality in the UK - Dechert
Firewall or UTM - Wick Hill
UK Information Commissioner demands mobile device encryption - Eversheds e80
Data loss - liability, reputation and mitigation of risk - Eversheds e80
Phorm, Webwise and OIX - BCS Security Forum
The challenges of PCI DSS compliance - Thales, Russell Fewing
"Quality" Data Vendor Spams us! Editor astounded!
National Gateway Security Survey 2008 - Wick Hill
Unified Threat Management - Watchguard Technologies

news archives
:
0 | 1 | 2 | 3 | 4 | 5 |
6 | 7 | 8 | 9 | 10 | 11 |
12 | 13
[What is this?]

Industry Blogs
Tim Berners Lee's Blog
Tim Callan's SSL Blog
Davis Wright Tremaine's Privacy & Security Law Blog
Emergent Chaos Blog
Michael Farnum's Blog
Phillip Hallam-Baker's Blog - The dotFuture Manifesto: Internet Crime, Web Services, Philosophy
Stuart King's Security and Risk Management Blog
David Lacey's IT Security Blog
Metasploit Official Blog
Jeff Pettorino's Security Convergence Blog
Jeff Richards's Demand Insights Blog
David Rowe's Risk ManagementBlog
Bruce Schneier's Security Blog
Larry Seltzer's Security Weblog
Mike Spinney's Private Communications Blog
Richard Steinnon's Threat Chaos Blog
The TechWeb Blog
Tim Trent's Marketing by Permission Blog
Rebecca Wong 's DP Thinker Blog

Newsletters
23 February Newsletter
Newsletter Archives are located in "News"

Industry Update
Internet Security Intelligence Briefing - November 2005
Find out the latest trends in e-commerce, web usage & the latest threats from adware/Spyware

Reports
Phorm, Webwise and OIX
- BCS Security Forum

'The Any Era has Arrived, and Everyione has Noticed' - Stratton Sclavos - VeriSign
Identity Security - Time to Share
Malicious code threats - iDefense
Public Alerts - updated as they happen from Stopbadware.org
Public Alerts - updated as they happen from Websense
Public Advisories - updated as they happen, from iDefense
Phoraging - Privacy invasion through the Semantic web: a special report by Mike Davies of VeriSign

Legislation
Privacy Laws & Business International E-news, Issue 57
Privacy Laws & Business UNited Kingdom E-news, Issue 60

Security Reviews
February 2007 - VeriSign Security Review
The security review archive is here

Case Studies
Finance Industry
Case Study Example

A case study on a Finance industry company.

White Papers
VeriSign® Intelligent Infrastructure for Security
VeriSign® Intelligent Infrastructure: An Overview
Identity Protection Fraud Detection Service - description of the service
Life of a Threat - Video on Threat Management Lifecycle
Optimizing Enterprise Information Security Compliance - Dealing with all the audits
For a full list of all whitepapers, visit our Whitepaper library

Legal Notices
Privacy Policy
Terms of use

basel 2 sarbanes oxley
    legislation
data controller notification binding corporate rules BCR data transfer third countries third part data transfer basel 2 regualtor regulation regulate FSA banking network security RSA encryptin algorithm Bits sacked bank staff
Blogs compliance Reports compliancy Legislation Data Protection Case Studies data privacy White Papers data protection act News information commissioner Events security standards Links information security iDefense
Retail Solutions

Edinburgh Sheriff finds spammer liable for over £1300.

compliance and privacy

Current News Updates

Edinburgh Sheriff finds spammer liable for over £1300.

In what is believed to be the highest damages award an individual has received in the UK and thought to be the first case in Scotland, an Edinburgh man has successfully claimed damages from a sender of unsolicited commercial email.

Gordon Dick was granted decree in Edinburgh Sheriff Court against Transcom Internet Services Ltd (Transcom) of Henley-on-Thames. The judgement, in January, awarded Mr Dick damages and, unusually for a small claim, lifted the normal £75 cap on expenses the defender was ordered to pay.

For receiving spam email from Transcom, the court awarded Mr Dick :

Damages: £750 plus 8% interest per annum from 10th May 2006 until paid
Expenses: £618.66
Total £1368.66 (plus interest)

If all 72,000 recipients of this particular spam were eligible to claim the same damages then the spammers bill could total over £54,000,000!

Anti-Spam Law

The EU e-Privacy directive was incorporated into UK law by the Privacy and Electronic Communications Regulations 2003 ("PECR"). The law gives individuals the right to not receive unsolicited commercial email, faxes and text messages.

When he was openly sent spam by a company advertising anti-spam solutions on their web site, Gordon Dick, decided they should not be allowed to get away with breaching the law.

Mr Dick wrote to the group of companies in Henley-on-Thames run by a Mr William Smith of Reading (the sole director of Transcom Internet Services Ltd is also a director of Transcom ISP Ltd, Transcom Satellite Services Ltd, Nowdance Ltd and Design Technology Ltd which trades as Transcom ISP, all of which are based at the same address). He asked them to explain their actions and required them to cease using his personal data. Transcom Internet Services Limited wrote back confirming they were responsible for the email but denying their actions were unlawful and challenging Mr Dick to take legal action.

Mr Dick gave them a final warning that legal action would follow if they did not make good damage done and give undertakings not to breach the regulations again. Transcom reiterated their challenge to take legal action, so Mr Dick followed their request and filed a small claim in Edinburgh Sheriff Court.

Transcom instructed solicitors and filed a defence in court. Evidence and case law was submitted to the court which resulted in an offer to settle out of court for £500, Mr Dick rejected the offer and requested £750 plus an apology and undertakings not to breach the law again. The day before proof hearing they agreed to pay £750 but refused to undertake not to breach the regulations again in an out of court settlement. This settlement never completed and Transcom's solicitors withdrew from acting for them. The Sheriff awarded decree and lifted the normal £75 cap on small claim expenses due to Transcom's actions during the case.

Mr Dick commented: "The courts have now sent a clear message, spam will not be tolerated and individuals rights to not have their mailbox filled with unsolicited advertising will be upheld. It has been clear to me throughout my case and in front of each Sheriff that they have little time for spammers and their anti-social actions."

Mr Dick went on to say: " While most spam comes from countries such as the USA and China and therefore is difficult to apply European laws to, UK internet users can at least drive local spammers out of business. I'd now like to see the mass market internet providers and media throughout the UK provide help to the British public with pointers, resources and support in legal claims against UK based spammers and perhaps we can clean up our little part of the internet. "

Mr Dick has launched a web site to help others make legal claims and is encouraging ISPs, email and SMS providers to get in touch to work together.

 


This site is independent of all its sources
The contents of the site are sourced from across the industry. All copyrights are acknowledged.