StopSpamAlliance.org

Seoul/Melbourne Memorandum of Understanding (MoU)

The Australian Communications and Media Authority (ACMA) is a founding member,  together with the Korea Information Security Agency (KISA), of the Seoul/Melbourne MoU group. ACMA currently chairs and provides secretarial support for the group. The objectives of the group are to encourage closer co-operation among the signatories in minimising spam originating or passing through each country/region and being sent to end users in each country/region.

The Signatories also encourage the exchange of information on technical, educational and policy solutions to the spam problem in accordance with the relevant laws and regulations of each country/region .

Recognising that bilateral and multilateral cooperation can complement areas of mutual interest in reducing the spam problem, the Signatories have identified areas of common interest for cooperation including, but not limited to, the encouragement of:

a. the exchange of information about policies and strategies for establishing and enforcing anti-spam regulatory frameworks;

b. the exchange of information relating to technical and educational solutions to the spam problem;

c. the exchange of information and strategies about the effective use of regulation policies and in support of enforcement;

d. the exchange of intelligence, relating to the other countries/regions, gathered as a result of enforcement; and

e. industry collaboration.

The text of the Seoul/Melbourne MoU is available online in PDF format.

Australian Communications and Media Authority (ACMA)

The Australian Communications and Media Authority is the government agency responsible for the enforcement of the Australian Spam Act 2003 which regulates the sending of ‘commercial’ electronic messages including email, short message service (SMS), multi messaging service (MMS) and Instant Messaging (IM).

The Australian legislation is OPT IN legislation, with consent  to receive messages either ‘express’, or ‘implied’ where the sender has an existing business relationship with the recipient.  The onus is on the sender of the message to prove consent.

ACMA has a strong enforcement regime under the Act including formal warning letters, enforceable undertakings, infringement notices and for serious offenders, prosecution before the Australian Federal Court. Penalties of up to $ 1.1 million per day can be issued to a business entity.

See http://www.spam.acma.gov.au/.

See also Australian Spam FAQs.