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NZPA December 22, 2009, 4:38 pm A New Zealand-born Queensland man who headed up one of the world's largest online spamming operations has been given a $A210,000 ($NZ265,600) penalty. Lance Thomas Atkinson, 26, formerly from Christchurch, admitted to being involved in a large-scale spam sending operation that delivered emails to internet users all over the world. The court heard Atkinson's spamming racked up as many as 140,000 email messages reports in Australia alone. The messages pointed to a website that falsely claimed its medications came from a US-licensed pharmacy that dispensed Food and Drug Agency-approved generic versions of drugs such as Cialis, Propecia and Viagra. The drugs were shipped from India and had not been approved by the FDA. Both Atkinson's defence lawyer and the Australian Communications and Media Authority (ACMA) last week submitted to the Federal Court in Brisbane that he should receive a $A210,000 pecuniary penalty for the offences. Yesterday in Brisbane , Justice Andrew Greenwood agreed with the proposed penalty, adding a seven year injunction from sending spam and ordering Atkinson not to knowingly associate with any person involved in sending spam. In his judgment, Justice Greenwood labelled the spam as "annoying and irritating". "It requires computers to constantly update spam filters," he said. However, he noted Atkinson had co-operated with the court. The court had previously heard the spamming occurred over 14 months and that Atkinson, from the Sunshine Coast, was involved in recruiting spammers. Some of the less explicit email subject lines he used included "2 pills a day got me an extra 2 inches" and "Any bigger and I would be in a circus". Atkinson has already been fined $US15.15 million ($NZ21.33) by US authorities and was fined $100,000 last year by the High Court in Christchurch for spamming in New Zealand. He had a computer system capable of sending up to 10 billion emails a day. For electronic advertising messages not to be considered spam, a company needs permission to send a message, state who they are and offer the opportunity to unsubscribe. Under the Spam Act, individuals found guilty can receive only civil penalties and not jail time. 
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The Register of Known Spam Operations (ROKSO) collates information and evidence on entities with a history of spamming or providing spam services, and entities affiliated or otherwise connected with them, for the purpose of assisting ISP Abuse Desks and Law Enforcement Agencies. |
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