Internet: Internal Affairs v. Atkinson

Heavy penalties can be expected for those caught spamming.  A light slap on the wrist amounts only to a marginal increase in the cost of doing business.

A Canterbury spammer offering customers the opportunity to buy adult sex toys along with what were coyly described as pharmaceutical products has surrendered to the authorities after Internal Affairs commenced a prosecution for spamming.

Lance Thomas Atkinson admitted breaching the Unsolicited Electronic Messages Act 2007 following email spamming which saw some two million messages sent over a three month period in late 2007.

The High Court was told that Atkinson acted in conjunction with a company based in Mauritius, receiving commissions amounting to some 50% of sales generated.  Three months of spamming earned Atkinson about $1.6 million, some of which was paid on to un-named affiliates acting on his behalf.

When prosecuted, Atkinson approached Internal Affairs through his solicitor agreeing to co-operate.  He promised to stop spamming operations.

The High Court was asked to set the level of an appropriate fine.  The maximum penalty under the Act is $200,000 for any individual.  A fine of $100,000 was imposed.  Justice French said the starting point should be high, but Atkinson was entitled to a substantial discount for two reasons: first the Act was not in force when Atkinson began spamming, but he did continue after the law changed, and; Atkinson had co-operated fully when prosecuted.

Internal Affairs v. Atkinson – High Court (19.12.08)

12.08.002