The Danish Maritime and Commercial court last week convicted the Danish mobile phone company Aircom for spamming. The company has to pay a fine of EUR 54.000 (400.000 DKK) for sending out unsolicited commercial faxes. In Denmark, this is the largest fine issued up till now for spamming.

In court, Aircom admitted to have sent between 7.650 and 15.300 unsolicited faxes to smaller companies. The Danish Consumer Ombudsman had already asked the company a year before to stop these illegal marketing practices, but they didn't. This was seen by the Court as an aggravating circumstance in the case.

The company was convicted for violating section 6a of the Danish Marketing Practices Act (Markedsfoeringsloven), which prohibits unsolicited commercial e-mails or faxes. The case is the second principle spam case in Denmark within a year.

The Polish agency for Competition and Consumer Protection recently for the first time condoned a spammer. According to the agency, the Firm Edukacyjna Impuls Plus from the city of Grudziadz had violated the Provision of Electronic Services Bill by sending unsolicited commercial mail.

On 11 December 2003 new anti-spam legislation in the UK will come into force, implementing the European Directive on privacy in the telecommunications sector (2002/58/EC). In the UK, spammers risk a fine of 7.196 EUR (5.000 GBP) from a magistrates court or even an unlimited penalty from a jury. Though a criminal offence, spammers in the UK do not risk a prison sentence.

In a test case, on 10 September the UK's Advertising Standards Authority ruled that e-mail marketers must obtain explicit consent from the targets of advertising, even when they use a list of addresses purchased in good faith. The Authority revamped its Code of Practice in March 2003, with new requirements for consent before marketing by e-mail.

A gang of 6 Nigerian spammers was put to trial on 15 May. The gang was arrested last year in the Netherlands. Operating from Amsterdam the group posed as very rich businessmen from Nigeria. Victims were promised a lot of money in exchange for a temporary loan.

The Dutch police estimates the gang earned at least 4 million euro's. The most spectacular victim of the gang, a Swiss professor, transferred almost half a million euro. The money was necessary to buy chemicals to clean banknotes with a total value of 36 million US Dollars, the gang told the gullible professor. He was promised 25% of that amount.

The public prosecutor accused the Nigerians of swindle, participation in a criminal organisation and money-laundering.

The Danish company Fonndanmark was convicted for spamming last week. The company, specialised in human resource software, has to pay a fine of EUR 2.000 for sending out 156 unsolicited commercial e-mails to 50 different addresses. In Denmark, spamming is forbidden since June 2000, under section 6a(1) of the Danish Marketing Practices Act (Markedsforingsloven). The act creates a very broad privacy-protection, for both natural and legal persons and authorities. The company was sued by the Consumer Council, the supervisory authority of the anti-spam legislation.

Implementing Art. 13 of the new EU Privacy Directive will mean a deterioration of Denmark's privacy-protection.