By Goldberg V.V.

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89 Phishing is a crime under section 2 of the Fraud Act 2006 90 Some sites maintain updated statistics and mapping of spam sources. 51. In response to its growth, there has been significant industry and international attention paid to the fight against spam, with the creation of several fora. These include the Messaging Anti-Abuse Working Group and the London Action Plan (LAP), which was an initiative of the International Consumer Protection Enforcement Network (ICPEN) that brings together the private sector and public enforcement agencies.

While many took the view that growing sales demonstrated confidence in the internet as a retail channel, most acknowledged that even those people willing to shop online still had concerns about doing so. We therefore looked into the issue of confidence in more detail. 27. 74 Although 59 per cent of internet users felt that the benefits of shopping online outweighed any concerns they might have, 37 per cent disagreed or strongly disagreed with this suggestion. 28. However, the majority (71 per cent) also felt that shopping through mail-order had the same or less risk than shopping online, and broadly equated the risk of internet shopping to buying over the telephone (50 per cent agreed it was as safe).

Those businesses must comply with the ECRs as well as the PECRs. Their advertising emails must be clearly identifiable as advertisements, identify the business they have come from and any promotional offers and their terms. Where they are unsolicited, those emails must be clearly identifiable as unsolicited advertising without the recipient even needing to open them. The DPA: Under the DPA businesses must use personal information fairly and lawfully. In broad terms, this will mean telling people how they will use their personal information at the time it is collected (in other words that the business may in future send direct marketing emails about its products) and obtaining at least their implied consent to such uses.

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