Re: [anti-spam-wg@ripe.net] European Spam Laws are 'meaningless'

[Martin Neitzel <]

\m> Germany has passed the bill last month.  Individuals are not allowed
\m> to take legal actions based on this bill against spammers, as there is
\m> fear the German courts will not be able to handle the load, so spam is
\m> only banned for violation of competition rules.

I assume you are referring to the revised UWG (``law against unfair
competition'') ?

If so, I am surprised.  I have only read the proposal from last year,
but as far as I remember one of the major goals of this revision was to
entitle individuals to legal action.  I can not remember to have seen
traces of the old UWG-1998:13(2)1.-4. (``only companies and consumer
organisations can complain'') in the proposal.

My naive understanding of the proposal was:  in case of inner-German spam,
complain to the IHK.  (IHK:  ``local trade & industry chamber'', I guess.
Most German cities have one.)  I cannot remember right now whether you
could to use your local IHK or would have to contact the IHK sited with
in the offender's realm.

I'll try to check this further tonight when I go home where my copy is.
Google doesn't crank out the current UWG revision yet.

What's your source for your ``as there is fear the German courts will
not be able to handle the load''?

						Martin Neitzel

I know my local IHK have a pretty good judgement about their clue level.
They certainly know what spam is but I'd be *very* surprised if they'd
know the next step of action if I'd visit them with a spam complaint
tomorrow.