Posted by Virus Bulletin on Aug 1, 2006
New anti-spam laws prepared and old ones revisited.
One of the world's top spam-sending hot spots is currently preparing for the launch of its first anti-spam laws. Together with the rest of China, the Chinese territory of Hong Kong has been named in a number of recent reports (e.g. Sophos, Commtouch and Spamhaus) as the world's second-most prolific spam-sending region. However, it is hoped that the new laws - which promise fines and prison sentences for those who fall foul of the rules - will help bring about a change in the mailing habits of the territory.
Although the full text of the proposed Unsolicited Electronic Messages Bill has yet to be revealed by the Hong Kong government, much of its content has been described by officials.
Companies that are based or trade in Hong Kong will be penalised if they engage spammers to market their products. The law may also allow action against individuals who authorise spam campaigns if they are in Hong Kong at the time the spam is sent.
According to Joseph Wong, Hong Kong's secretary for commerce, industry and technology, 'The law covers all electronic messages with a Hong Kong connection. If it originated from Hong Kong, or is sent to Hong Kong, it is within the ambit of the bill.'
A range of penalties is proposed, with those who route spam through open relays, or hack into other computers to relay spam facing the harshest penalties. These offences may result in fines of up to US$130,000 and prison sentences of up to five years.
The bill, which covers telephone, fax and instant messaging as well as email, is expected to be passed into law later this year.
Meanwhile, the UK government has admitted that it may be forced to revisit its heavily criticised anti-spam legislation.
The Privacy and Electronic Communications Regulations, which was introduced in December 2003, was criticised for the fact that, although it bans the sending of spam to individuals, it does not stop spammers targeting businesses.
Furthermore, data protection watchdog the Information Commissioner's Office (ICO) has said that the legislation does not provide sufficient powers to track down and prosecute spammers - and leaves it powerless against those that originate from outside the UK. Under the current legislation the ICO can only take enforcement action against spammers based in the UK, and the maximum fine that can be imposed in the magistrates courts is ɥ5,000.
Recently, however, trade and industry minister Margaret Hodge revealed that the government is thinking of revisiting the legislation. She told MPs: 'The government is actively considering whether to revise the relevant legislation. DTI officials have a continuing dialogue with Internet service providers regarding steps that can be taken to reduce spam. We also continue our efforts to achieve greater international co-operation.'
Posted on 01 August 2006 by Virus Bulletin
