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Spam might not have brought an end to the internet or email, as some dire predictions claimed it could – but it’s still a massive pain.

Despite all the spam being removed by spam-filtering technologies, most people still receive spam every day. How do these messages end up flooding our inboxes? And are there any legal consequences for the senders?

What is spam?

The Organisation for Economic Co-operation and Development (OECD) noted in 2004 “there does not appear to be a widely agreed and workable definition for spam” across jurisdictions – and this remains true today.

That said, “spam” generally unsolicited electronic messages. These are often sent in bulk and frequently advertise goods or services. It also includes scamming and phishing messages, according to the OECD.

Most people think of spam in the form of emails or SMS messages. However, what we now call spam actually predates the internet. In 1854, a spam telegram was sent to British politicians advertising the opening hours of dentists who .

The first spam email came more than 100 years later. It was reportedly sent to 600 people on May 3 1978 – a precursor to the modern internet.

As for how much spam is out there, the figures vary, possibly due to the various . One source reports the average number of spam emails sent daily in 2022 was about (which would mean more than half of all emails were spam). As for text messages, another source reports a daily average of 1.6 billion .

Where do spammers get my details?

Each time you enter your email address or phone number into an e-commerce website, you may be handing it to spammers.

But sometimes you may even receive spam from entities you don’t recognise. That’s because businesses will often transfer customers’ contact information to related companies, or sell their data to third parties such as data brokers.

Australia’s Privacy Act 1988 somewhat limits the transfer of personal information to third parties. However, these laws – and .

Some entities also use “address-harvesting” software to search the internet for electronic addresses that are captured in a database. The collector then uses these addresses directly, or sells them to others looking to send spam.

Many jurisdictions (including ) prohibit these harvesting activities, but they are still .

Is spamming against the law?

Australia has had legislation regulating spam messaging since 2003. But the surprisingly does not define the word “spam”. It tackles spam by prohibiting the sending of containing offers, ads or other promotions of goods, services or land.

However, if the receiver to these types of messages, the prohibition does not apply. When you buy goods or services from a company, you will often see a request to click on a “yes” button to receive marketing promotions. Doing so means you have consented.

On the other hand, if your phone or inbox are hit by commercial messages you haven’t agreed to receive, that is a breach of the by the sender. If you originally signed up to receive the messages, but then unsubscribed and the messages kept coming after , that is also illegal. Senders must also include a in every commercial message they send.

Spammers can be penalised for breaches of the Spam Act. In the past few months alone, , and were fined more than A$6 million in total for breaches.

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However, most spam comes from outside Australia where the laws aren’t the same. In the United States spam is legal under the until you opt out. Unsurprisingly, the US of countries where the most spam originates.

Although spam sent to Australia from overseas the Spam Act – and the Australian Communications and Media Authority (ACMA) co-operates with overseas regulators – overseas enforcement actions are difficult and expensive, especially if the spammer has disguised their true identity and location.

It’s worth noting that messages from political parties, registered charities and government bodies aren’t prohibited – nor are messages from educational institutions to students and former students. So while you might consider these messages as “spam”, they can legally be . Factual messages (without marketing content) from businesses are also legal as long as they include accurate sender details and contact information.

Moreover, the Spam Act generally only covers spam sent via email, SMS/MMS or instant messaging services, such as WhatsApp. Voice calls and faxes aren’t covered (although you can use the to block some commercial calls).

Staying safe from spam (and cyberattacks)

Spam isn’t only annoying, it can also be dangerous. Spam messages can contain indecent images, scams and . Some have (malicious software) designed to break into computer networks and cause harm, such as by stealing data or money, or shutting down systems.

The and provide useful tips for reducing the spam you get and your risk of being hit by cyberattacks. They suggest to:

1. use a spam filter and block spammers – email and telecommunications providers often supply useful tools as part of their services

2. unsubscribe from any emails you no longer want to receive – even if you originally agreed to receive them

3. remove as much of your contact details from websites as you can and always restrict the sharing of your personal information (such as name, birth date, email address and mobile number) when you can – beware of pre-ticked boxes asking for your consent to receive marketing emails

4. install cybersecurity updates for your devices and software as you get them

5. always think twice about opening emails or clicking on links, especially for messages promising rewards or asking for personal information – if it looks too good to be true, it probably is

6. use to access online services so even if a scam compromises your login details, it will still be difficult for hackers to break into your accounts

7. report spam to your email and telecommunications providers, and to .

   

, Senior Research Fellow, UNSW Allens Hub for Technology, Law & Innovation and Senior Lecturer, School of Private & Commercial Law, UNSW Law & Justice,

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