Spammer faces chokey down under

Wayne Mansfield has become the first citizen to be convicted under Australia's Spam Act laws

The Australian Communications and Media Authority (ACMA) has successfully prosecuted its first spammer under the country's Spam Act laws.

Wayne Mansfield, and his company Clarity1, were found to have illegally sent more than 56 million spam messages to email addresses around the world during the 12 months since the Act was introduced in April 2004.

In April 2005 authorities in Australia raided a suspected spam factory in Perth, during which the contents of computer hard disks and other material were seized.

Justice Nicholson of the Federal Court in Perth rejected defence pleas that recipients had consented to receive the emails. The court will determine what penalty Mansfield should receive at a later date.

"The ACMA should be applauded for presenting a thorough case against Wayne Mansfield, and for cutting off the tidal wave of spam originating from his company," said Graham Cluley, senior technology consultant at Sophos.

"Australia's Spam Act is a positive step towards eradicating spam from down under. However, it is international cooperation, legislation, law enforcement, technology and user education that will spell the end for spam."

ACMA and Australia's Internet Industry Association recently registered the world's first legislation-backed industry code of practice to counter spam.