Previous FrontPage Edition 25 May 2004

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Legislation against spam to be put in place

in Singapore

 

    (iv) Public Education Efforts by CASE and SBF
    CASE and SBF will also lend their support to the anti-spam initiative by educating the public and businesses on the proposed legal framework and anti-spam measures via its website, workshops and electronic newsletters.

    (B) Industry Self-Regulation
    (i) Efforts by ISPs
    The three major Internet Service Providers (ISPs), Pacific Internet (PacNet), SingNet and StarHub, under the facilitation of IDA, have come together to set up anti-spam guidelines. These guidelines serve as guiding principles to be adopted jointly by the three ISPs to help reduce e-mail spam for their subscribers.

    (ii) Efforts by DMAS
    The DMAS has today launched an E-mail Marketing Code of Practice for its members. It will also be setting up a Consumer Communications Preference Programme to be launched before the end of this year that will allow e-mail users to register their preference not to receive unsolicited commercial e-mail.

    (C) Legislative Framework
    IDA and the Attorney-General's Chambers of Singapore (AGC) are issuing a joint consultation paper which proposes a legislative framework to control e-mail spam in Singapore. The proposed legislative framework seeks to balance the legitimate interests and concerns of different groups such as e-mail users and ISPs on the one hand, and marketers on the other. Many jurisdictions such as Australia, the European Union, the United Kingdom, the United States, Japan and South Korea have enacted legislation for the control of e-mail spam.

    The consultation paper proposes an opt-out regime3 as part of the legislative framework. It proposes to give ISPs which have suffered loss or damage as a result of spam, a statutory right to commence civil proceedings against the spammer.

    IDA and AGC invite comments from the public on the proposals made in the consultation paper. The consultation paper can be downloaded from the "Policy & Regulation" section, under "Consultation Papers" of the IDA web site at www.ida.gov.sg. All comments should be submitted to IDA by 26 July 2004, 12:00 noon. IDA and AGC will assess and consider all comments received before finalising the proposals and commencing the legislative process.

    (D) International Cooperation
    Spam is a global issue and Singapore cannot fight this battle alone. To extend Singapore's anti-spam efforts to international shores, IDA participated in the US Federal Trade Commission's "Operation Secure Your Server" campaign4, to encourage organisations worldwide to close open relays and proxies in January this year. IDA is also committed to partake in international initiatives, including participation in global and regional fora such APEC, ITU, OECD and ASEAN.

 

Commenting on IDA's efforts to curb e-mail spam in Singapore, Mr Leong Keng Thai, Deputy Chief Executive and Director-General (Telecoms) of the IDA said, "he multi-pronged approach developed with support from the private and public sectors sends a strong signal that e-mail spam is an issue that requires a concerted effort by the government, industry, public and the Internet community. IDA understands that spam will continue to be a global issue and there is no immediate panacea to resolve this problem completely. However, this multi-pronged approach, together with legislation, is a step forward to curb e-mail spam. It seeks to balance the interests of legitimate businesses advertising via e-mails and interests of users who have the right to opt out of unsolicited e-mails. With a multi-pronged policy developed, IDA hopes to address the concerns of e-mail users and reduce e-mail spam in the Internet space."

Please refer to annex for quotes from key partners to this multi-pronged approach and fact sheets on the respective industry and consumer associations' efforts to curb e-mail spam.


JOINTLY ISSUED BY INFOCOMM DEVELOPMENT AUTHORITY OF SINGAPORE,
PACIFIC INTERNET, SINGNET, STARHUB, CONSUMER ASSOCIATION OF SINGAPORE,
DIRECT MARKETING ASSOCIATION OF SINGAPORE, SINGAPORE BUSINESS FEDERATION AND
SINGAPORE INFOCOMM TECHNOLOGY FEDERATION.

Notes:

1E-mail spam is defined as unsolicited commercial e-mail messages. This excludes communications such as those between private individuals, Government to citizen communications, appeals for donations by charities and religious organisations, and messages which are of a purely factual nature.

2This survey is conducted to understand the nature and extent of e-mail spam in Singapore. More information can be found on the IDA website at www.ida.gov.sg under "Facts and Figures" / "Surveys".

3 Opt-out regime is defined as the distribution model of sending unsolicited e-mail and allowing the recipient to request removal. An Opt-in regime on the other hand is characterised by recipients having signed up at websites, special advertisement banners or other marketing channels for promotional information about one or more categories of products or services. Those who signed up have thus "opted in". Any e-mails sent as a result would not be considered unsolicited

4 The campaign is supported by 36 other agencies from 26 countries. Through this campaign, the US FTC sent business advisories to organisations worldwide with unsecured servers, explained the problems associated and provided instructions on how to protect computer systems from misuse. Open relays and proxies are servers that allow any computer in the world to route email through servers of other organisations, thereby disguising the real origin of the e-mail. For more information, visit ftc.gov/secureyoursever.

 

Source: Infocomm Development Authority Press Release 25 May 2004

------------------------------------------

Fact sheet A:  Internet Service Providers’ Efforts to Curb E-mail Spam in Singapore

ISPs’ Joint Statement on Spam E-mail

 

1.                  This Joint Statement is issued by the undersigned ISPs in response to the growing problem of spam in Singapore and to outline the anti-spam measures we propose to take.

 

2.                  The use of the Internet to send large volumes of unsolicited[1] e-mail to promote products and services has annoyed many Internet users as well as strained the facilities of Internet Service Providers (ISPs) and businesses. Such e-mail, sent without the recipients’ prior request or consent, is popularly known as ‘spam’. 

 

3.                  Spam e-mail on the Internet is a serious and growing worldwide problem, which accounts for a large percentage[2] of e-mail traffic on the Internet. It affects end-users’ Internet experience and their productivity as they have to spend more time accessing, downloading, reviewing and discarding unwanted e-mail. It also wastes the time and resources of businesses and ISPs, and imposes substantial operational costs needed to tackle this problem, such as hardware and manpower requirements.  The spammer, on the other hand, bears virtually no cost.

 

4.                  In these economically challenging times, marketing via email is potentially a cost-effective tool for businesses in Singapore looking to broaden their customer base and to lower their marketing costs. With this in mind, we see the need to prevent the devaluation of e-mail by anonymous businesses with no pre-existing relationship to, or with no permission from, the recipient of such unsolicited e-mails.

 

5.                  As providers of Internet access services, ISPs have no control over the types of content being carried in e-mail.  Our experience shows that the vast majority of spam e-mail originates from overseas.  We acknowledge this problem and wish to provide assistance to our customers to manage the spam problem.

 

Definition of spam e-mail

 

6.                  Spam e-mail is, by nature, subjective and it is difficult to find a precise definition agreeable to everyone. Nevertheless, a working definition of spam e-mail is necessary for us to co-operate and move towards implementing effective anti-spam measures.

 

7.                  We acknowledge that our definition is not comprehensive at this stage and does not cover many other forms of unsolicited e-mail that users may also consider as spam e-mail (i.e. what is spam to user A may not be spam to user B.) However, we have identified the two most serious forms of spam to focus our efforts on, namely:

 

a)      Unsolicited bulk e-mail sent to e-mail servers (of ISPs and corporations) by guessing the e-mail addresses of recipients, resulting in substantially increased server-loads and handling of error messages. This is often referred to as “dictionary-attack” spam.

 

b)      Unsolicited commercial e-mail with

(i)     fake or invalid sender e-mail address;

(ii)    deceptive subject label (or heading) that does not match the content of the e-mail; and/or

(iii)  no or invalid instruction for recipients to opt-out from receiving future email from the sender.

 

Industry cooperation

 

8.                  We recognise the need for ISPs to co-operate, coordinate and adopt a common approach to deal with spam e-mail and the senders of spam (i.e. spammers) in Singapore. Towards that end, we are jointly exploring ways to address the problem (e.g. closer cooperation amongst ISPs to address spam complaints, tracking source of the spam e-mail etc).

 

Technology Pilots & Trials

 

9.                  Anti-spam technology and technical solutions form an important pillar in any anti-spam strategy, especially to combat spam that originates from overseas. As there are many technological solutions available in the market, ISPs look forward to evaluating the feasibility of these technological solutions.

 

Public Education

 

10.              End-users need to be better informed about the various measures they can take to minimise the adverse effects of spam e-mail. We see public education as a way where we can assist our customers to better understand and manage the spam problem.

 

11.              We believe that public education efforts need to be targeted not only at the end-users but also at the e-mail marketers.  Some less responsible senders of spam e-mail may not be aware of the adverse effects of their marketing practices.  We would thus like to encourage them to adopt responsible e-mail marketing practices.  Such forms of e-mail marketing practices should provide recipients with the opportunity to have their names removed from the marketers’ mailing list.

 

Anti-spam guidelines

 

12.              We will work together in an effort to:

 

a)      Implement clear policies that strongly discourage subscribers from using the ISPs’ facilities for sending spam e-mail.

 

b)      Provide clear feedback procedures for subscribers with regards to spam.

 

c)      Co-operate with each other to address subscriber’s feedback, for example, tracing the source of the spam e-mail, warning subscribers who send spam mail and taking appropriate actions against such subscribers.

 

d)      Implement certain technical measures to manage the spam problem.

 

e)      Make available to subscribers information on managing spam, including information on email filtering tools and options.

 

f)        Educate subscribers to raise awareness and enhance a general understanding of the spam problem, and to encourage them to take preventive actions.

 

 

Jointly Issued by Pacific Internet Ltd, SingNet Pte Ltd and StarHub Pte Ltd



[1]       Unsolicited means not requested or consented to by recipient.

[2]       The data from 150 e-mail servers around the world serving thousands of users, handling an average of 23.8M e-mail per day reveals that spam forms about 55% of the e-mail messages. (See http://www.rhyolite.com/anti-spam/dcc/graphs/ )

 

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