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does this cost arise? It includes the time it takes for people to read and delete the unwanted messages. It covers the cost of having IT staff unblock networks that have been swamped with spam. There are also hardware costs, for example acquiring yet larger mailservers and storage systems where staff inboxes have overflowed their capacity. In the United Kingdom the E-Commerce Minister, Stephen Timms, announced on 28 March 2003 that the Government proposed to regulate unsolicited commercial e-mail messages and strengthen privacy rights for electronic communications. “Spam has become the curse of the Internet.”, Mr Timms said in a statement. “It is a source of major frustration as it clogs up inboxes the world over. Just as the Internet and mobile technology have become a firm feature of our lives, spam is threatening that status. It is in danger of becoming a real deterrent to online communication.” These regulations are intended to implement the Directive on Privacy and Electronic Communications (2202/58/EC). The Government’s consultation document, also issued on 28 March, extends to no less than 126 pages. The Law Society of Scotland’s Electronic Commerce Committee will be digesting this information over the coming weeks. There does seem to be a need for Scottish input into the process – for example on page 19 of the consultation document, dealing with the definitions of corporate and individual subscribers, there is discussion around the wording of the Framework Directive (2002/21/EC): “Any natural person or legal entity who or which is party to a contract with the provider of publicly available electronic communications services for the supply of such services”. The consultation document’s terminology in the space of a few lines refers to ‘natural and legal persons’; ‘legal persons’, ‘individuals’, ‘individual persons’, and ‘natural persons’ but omits mention of ‘legal entity’. The document observes that “Under Scottish law, sole traders but not partnerships count as individual persons”. However, the Partnership Act 1890, Section 4(2) provides “In Scotland a firm is a legal person distinct from the partners of whom it is composed”. No doubt the meaning can be clarified during the consultation process. The intention of the regulations is understood to centre on the following: ■ Businesses will have to gain prior consent before sending unsolicited advertising e-mails. This consent must be explicitly given on an “opt-in” basis, except where there is an existing customer relationship. ■ The use of cookies or bugs or similar devices must be clearly indicated and the opportunity must be given to reject them. Whilst these new regulations are awaited, the responsibility of UK advertisers will already have increased substantially on 4th June when the new Sales Promotion and Direct Marketing code issued by the Committee of Advertising Practice (www.cap.org.uk ), comes into force. The CAP is the self-regulatory body that creates, revises and enforces the code. CAP’s members include organisations that represent the advertising, sales promotion, direct marketing and media businesses. From the consumer’s perspective, the “teeth” of the code lie in the administration of it that is undertaken by the Advertising Standards Authority (ASA) (www.asa.org.uk). The new CAP code makes the following provisions in relation to spam: ■ Unsolicited e-mail marketing communications must be clearly identifiable as marketing communications without the need to open them up. Journal IT ■ Any other unsolicited e-mail marketing communications, marketing communications for employment agencies and distance selling communications that require payment before products are received, must contain specified information before contacting the seller. ■ The “explicit consent“ of consumers is now required before marketing by fax, marketing by e-mail or by way of SMS text transmission, with the sole exception that marketers may market similar products to existing customers. So there is some synergy between the new CAP code and Mr Timm’s aspirations. Anything that reduces spam is to be welcomed and attempts to do so are being made world wide. In the USA the states of New York, Missouri, and Colorado are on the point of introducing legislation that would establish “Do not spam” lists similar to “Do not call” lists already on use for telephone and fax numbers. The lists will be supplemented by fines for spam e-mail at rates varying from $10 up to $5000 per unwanted message. The state of California requires each unsolicited advertising email to be headed “ADV”. Laudable effort all round, but doubtful any of this is going to make much difference. Genuine firms, who value their reputation and wish to avoid prosecution, will play by the rules and will risk losing out on sales. Historically, the worst and most persistent spammers have paid no attention whatsoever to the exisiting rules.There does not seem to be much reason to suppose they will change their ways due to the introduction of a few new ones. Paul Motion is a partner with Ledingham Chalmers, Edinburgh, and Convener of the Law Society of Scotland’s E Commerce Committee e: paul.motion@ledinghamchalmers.com 41 April 2003 Volume 48 No 4
Journal May 1 Elections Roger Mackenzie joined four lawyers on the campaign trail as they prepare fo elections to find out what attracts lawyers to politics and how they combine demands of career and campaigning Gavin Brown launching his ‘Kick Out Crime’ campaign STANDING for the Conservative Party in Glasgow Rutherglen, Gavin Brown displays the sort of sunny optimism in the face of improbable odds that characterised William April 2003 Volume 48 No 4 42 Hague’s doomed General Election campaign of 2001. Yet while all wisdom suggests he can’t hope for more than a plucky increase in the share of the vote (in 1999 the Conservative candidate was fourth, polling just 8% ) he quotes that politician’s favourite, the views on the doorstep, to lend belief to his view that he really can pull off an unlikely triumph. Fanning the flames of hope is the inspiration of Dr Richard Taylor, who won the Wyre Forest seat AS a sitting MSP, and with every prospect of re-election, Fergus Ewing is well placed to offer words of wisdom to those aspiring to election. at the 2001 General Election based on the sole issue of preventing the downgrading of Kidderminster Hospital and demanding the re-opening of its accident and emergency department. So it’s the issue of having the Southern General replace the Victoria Infirmary as the local accident and emergency hospital that Brown hopes will lead him to election victory. “It’s not a poisoned chalice, on paper it’s a safe Labour seat, but For Ewing, of course, politics is in his blood, or as he jokes “I joined the SNP at the moment of conception.” So what does his solicitor background bring to the Parliament? “A legal training and the mental discipline which I hope that brings has been invaluable in the task of carrying out parliamentary work. A large part of the work concerns considering legislation and lawyers are at an advantage, we understand the jargon. “At times it’s easy to forget that it’s new territory for people coming from other walks of life, though one of the biggest disappointments has been that there is too much assertion and not enough argument. The contributions that some members make would be dismissed by a sheriff as wholly irrelevant.Too many speeches in the Parliament comprise a series of unsubstantiated assertions.” Now a partner of Leslie Wolfson & Co, prior to being elected he combined campaigning with running what was, in effect, a sole practitioner firm. “Combining legal work with any other serious endeavour is a challenge. I found it very hard, it just means you give up leisure time at the weekends and evenings, but noone forces us to stand. I take my hat off to all the younger lawyers who are standing.” with feelings running high on the hospital issue, there’s a good chance of stealing some thunder. “I’m very optimistic, people are very positive on the doorstep and I don’t feel like cannon fodder. I’m very excited about it all.The cup has always been half full as far as I’m concerned. “There is an old adage that all politics is local. People vote on local issues that matter to them.” Having recently started his own public speaking training consultancy, teaching lawyers in
Page 1 and 2: VOLUME 48 NO 4 APRIL 2003 THE JOURN
Page 3 and 4: Journal President A partnership bet
Page 5 and 6: Journal News Obituaries WILLIAM MAI
Page 7 and 8: Journal News Information from the R
Page 9 and 10: It has been drawn to the Law Societ
Page 11 and 12: Scottish Solicitors Property Centre
Page 13 and 14: Intimations for the people section
Page 15 and 16: Journal Pension Sharing April 2003
Page 17 and 18: Journal Pension Sharing April 2003
Page 19 and 20: Journal Conveyancing Clarifying the
Page 21 and 22: Journal Conveyancing April 2003 Vol
Page 23 and 24: Journal Conveyancing Commonsense ap
Page 25 and 26: Journal Conveyancing Solicitors sho
Page 27 and 28: Journal Risk Management Risk Manage
Page 29 and 30: Journal Risk Management e: Alistair
Page 31: Journal IT Caveat spammer, Paul Mot
Page 35 and 36: Nicholas Beetham describes the opti
Page 37 and 38: Roger Hooper describes common situa
Page 39 and 40: Solicitors can A survey of 200 soli
Page 41 and 42: Supporting change for impoverished
Page 43 and 44: Journal Criminal Courts April 2003
Page 45 and 46: Journal Review Construction and Pro

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