8 July, 2004 Countermeasures against Mobile spam ~ Legislation and Self-regulation ~ Toshihiko SHIBUYA, Deputy Director Telecommunications Consumer Policy Division, Telecommunications Bureau, Ministry of Public Management, Home Affairs, Posts and Telecommunications (MPHPT), Japan
Mobile internet everywhere! ➀ 1
Mobile internet everywhere! ➁ 2
Mobile internet in the train 3
Mobile internet by an elderly man 4
5 Characteristics of spam in Japan 1 Media Sent to mobiles 90% Sent to PCs 10% Sent from mobiles 50% 2 Content of spam Advertisements of matchmaking (dating) sites 90% Sent from PCs 50%( ) Due to disguised sender's name, the real rate is suspected to be higher. Others( ) 10% porno, drugs, software, etc. Source: Survey by Japan Computer Communications Association, 2003 fiscal year
History of spam in Japan 2001 spam to mobiles remarkably increased Self-regulation by mobile operators Administrative guidance by government to implement new measures 2002 Two Laws were enacted 2003 Legislation of Anti-spam Law & Amendment of Commercial Transactions Act (For PC spam as well as Mobile spam) 2003 Spread of Domain-Designation Designation Service (to Block PC spam) spam sent from mobiles increased Self-regulation by mobile operators ( and decreased) 6
7 Promotion of self-regulation in 2001 April 2001 Administrative guidance to all mobile operators to implement new countermeasures against mobile spam by Ministry of Public Management, Home Affairs, Posts and Telecommunications (MPHPT) To spam sent to Mobiles (1) Domain designation service (e.g. Block e-mail sent from PCs) (2) Free mail address-changing service (3) Discount rate for receiving e-mails (400 packets free of charge per month by DoCoMo)
Legislation by Government in 2002 <Enacted in July 2002> E-mail address The Law on Regulation of Transmission of Specified Electronic Mail For users and networks Specified Commercial Transactions Law Indication as advertising mail Indication of sender Sender s name Sender s address and phone number E-mail address to opt-out For consumers and transactions 8
Outline of The Law on Regulation of Transmission of Specified Electronic Mail 9 Opt-out Transmission Transmission of of specified specified electronic electronic mail mail to to a a person person who who has has indicated indicated he/she he/she does does not not want want to to receive receive such such mail mail is is prohibited. prohibited. Labeling Obligations Obligations of of labeling labeling for for senders senders of of specified specified electronic electronic mail mail 1 Identification Identification as as Specified Specified electronic electronic mail(label mail(label 未承諾広告 未承諾広告 ) ) 2 Sender s Sender s Name/address Name/address 3 Sender s Sender s E-mail E-mail Address Address 4 Opt-out Opt-out E-mail E-mail Address Address Penalty Administrative Administrative Orders Orders by by Minister Minister to to uphold uphold the the law law Fines Fines up up to to 500,000 500,000 yen yen ($5,000) ($5,000) assessed assessed on on failure failure to to observe observeadministrative Orders Orders Others Prohibition Prohibition of of mail mail transmission transmission utilizing utilizing any any program program that that generates generates random random fictitious fictitious e- e- mail mail addresses addresses Telecommunications Telecommunications carriers carriers are are authorized authorized not not to to provide provide volume volume e-mail e-mail transmission transmission services services if if the the e-mails e-mails include include random random fictitious fictitious addresses. addresses.
10 Administrative order based on the anti-spam law 1. 1. The The process of of executing an an administrative order Information offered to Research and Consulting Center for Spam from recipients of unlawful mail Checking for illegality MPHPT transmits alert mail to illegal sender Asks for a report On-the-spot inspection Execution of administrative order 2. 2. The The past order list list 25 25 December, December, 2002 2002 A sender sender in in Nakano-ku, Nakano-ku, Tokyo(Failure Tokyo(Failure to to display display obligations) obligations) 11 11 November, November, 2003 2003 A sender sender in in Nakano-ku, Nakano-ku, Tokyo(Failure Tokyo(Failure to to display display obligations) obligations) accompanied accompanied by by a a report report 15 15 April, April, 2004 2004 A sender sender in in Shinjuku-ku, Shinjuku-ku, Tokyo(Failure Tokyo(Failure to to display display obligations) obligations) accompanied accompanied by by a a report report
Trends in complaints/inquires received by cellular and PHS carriers (Including inquiries about new spam measures) 11 300,000 293,501 250,335 250,000 235,411 211,803 190,186 200,000 173,727 150,000 100,000 71,133 58,441 88,386 74,215 50,000 0 2001 2002 2003 Apr-June July-Sep Oct-Dec Jan-Mar Apr-June July-Sep Oct-Dec Jan-Mar Apr-June July-Sep
12 Promotion of self-regulation in 2003~ November 2003 Establishment of Working Group against spam composed of all mobile operators in Japan (6 groups) and MPHPT Request all mobile operators to adopt similar countermeasures to shut out spammers (sent from Mobiles ) (1) Suspension of service for spammers (2) Limitation on the number of e-mails from mobiles Awareness to mobile users in collaboration with WG members
13 Suspension of service for spammers What is spammer (for mobile operators)? Illegal sender (e.g. Violation of labeling obligation) Legislation of anti-spam law facilitated Mobile operators self-regulation.
14 Data on countermeasure easures by mobile operators Number of suspended lines NTT DoCoMo KDDI (au) Vodafone TUKA DDI Pocket 3,026 as of 23 May 26,700 as of 31 May 13,916 as of 26 May 325 as of 31 March 1,959 as of 31 March Limitation on the number of e-mails sent from mobiles NTT DoCoMo KDDI (au) Vodafone DDI Pocket The number of e-mails that can be sent per line in a day is limited to less than 1,000. (20 October, 2003) Limited to less than 200 (8 January, 2004) Suspension of services for senders (lines) who send more than 1,000 mails a day (18 September, 2003) The number of e-mails that can be sent per three hours is limited to less than 120. (22 December, 2003) Suspension of services for senders (lines) who send more than 100 mails per 30 minutes (10 June, 2002)
Trends in the number of spam sent from mobiles 800 600 400 200 0 2003 2004 May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Source: Survey by Japan Computer Communications Association, 2003 (Sample based survey using two monitoring terminals) 15
Trends in number of reports to Research 60,000 and Consulting Center for Spam 50,000 40,000 30,000 20,000 10,000 0 2003 2004 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Research and Consulting Center for Spam was established by the Japan Computer Communications Association on 10 July 2002. 16
17 Other Anti-spam measures ~by ISPs~ 1. Suspension of service usage for spammers 2. Providing mail filtering services 3. Cooperation - Microsoft & Yahoo - IIJ & IIJ America & U.S. ISPs ~by E-mail marketing groups~ Making a guideline for e-mail advertisements
18 Present Issues against spam in Japan 1.Enforcement of Anti-spam Law We have to consider whether the existing anti-spam law should be amended or not and, if needed, to amend it by June 2005. The current problem to be solved is how to detect spammers. (Is authentication a really effective solution?) 2.Promotion of self-regulatory and technical actions by mobile operators and ISPs The number of ISPs is much larger than mobile operators. How and to what extent can the Government promote self-regulation by ISPs?
19 3.Awareness actions 4. International cooperation Exchange of information (Best Practice by Government or private sector, Effectiveness of opt-in/opt-out approach, How to track down spammers, etc.) is important!! Could Japan s experience and activities against mobile spam be informative or helpful for other countries?