Japan s Measures against Spam

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June 22, 2, 2006 Japan s Measures against Spam Yoshichika Imaizumi Telecommunications Bureau, Ministry of Internal Affairs and Communications (MIC), Japan

Characteristics of spam in Japan 1.. Media 2004 Sent to mobiles 66 % Sent to PCs 34 % 2005 Sent to mobiles 23 % Sent to PCs 77 % 2004 2005 2.. Content of spam Advertisements for matchmaking (dating) sites 78 % Advertisements for matchmaking (dating) sites 90 % Adult sites 9 % Adult sites Others 13% 6 % Others 4 % Source: Survey by Japan Computer Communications Association, 2004 2005 1

What is Mobile spam in Japan? SMS (in mobile carrier network) Internet Sender From:XXX@XXX To:XXX@XXX Re:. i From:XXX@XXX To:XXX@XXX Re:. Receiver The word Mobile spam includes not only SMS, but also e-mails e sent to mobiles by means of the Internet. 2

Japan Currently Enjoys a Major Lead in Mobile Internet The number of mobile Internet contracts has jumped to approximately 80 million in only 7 years. Internet compatibility with mobiles in Japan stands at 94.1%; the world leader in this area. Change in the number of mobile phone subscribers (10 thousand contracts) 9000 8000 7000 6000 Number of mobile subscribers includes mobile Internet subscribers 5,114 6,114 6,935 7,594 8,192 8,700 9,179 Mobile phone Internet compatibility rate in principal countries (as of September 2004) (Ratio of mobile Internet contracts as a percentage of total mobile telephone contracts). Japan Korea United States Austria 28. 2 33. 5 89. 0 94. 1 5000 4000 3000 4,153 5,193 6,246 6,973 7,515 7,976 Finland Netherlands Hongkong 22. 1 21. 7 21. 4 No.1 in the world for Internet compatibility with mobiles 2000 3,457 Australia 20. 0 1000 0 5 750 1999.3 2000.3 2001.3 2002.3 2003.3 2004.3 2005.3 2006.3 Source :Telecommunications Carriers Association Italy 18. 9 Germany 14. 8 0 20 40 60 80 100 (%) Based on documents by Baskerville Communications 3

History of spam in Japan 2001 Spam sent to mobiles significantly increased Self-regulation by mobile operators Administrative guidance by Government to implement new measures 2002 Two Laws enacted The Law on Regulation of Transmission of Specified Electronic Mail (Anti- spam Law) & Specified Commercial Transactions Law (For PC spam as well as Mobile spam) 2003 Spread of Domain-Designation Service (to Block PC spam) Spam sent from mobiles increased Self-regulation (e.g. suspension of service for spammers) by mobile operators Promotion of self-regulation by Government ( and decreased) 2004 Spam (mainly sent from PCs to mobiles) is still a serious problem Anti-Spam Law stipulates that the Government has to consider whether it should be amended or not within three years of its enforcement ( by the end of June 2005). MIC set up a Study Group on a framework to handle spam on October 7, 2004. 2005 Revision of Anti-Spam Law Based on the Study Group s recommendations, an amendment bill to the Anti-Spam Law including the introduction of direct penalties was submitted to the Diet in March 2005, approved on May 15, and enforced on November 1, 2005 4

Five items of the anti-spam strategy by MIC 1. Effective enforcement by Government 2. Self-regulation by the private sector 3. Developing technologies 4. Enhancing awareness 5. Seeking international cooperation Final report Study Group on a framework to handle spam was announced on July 22, 2005, and a comprehensive strategy was proposed. 5

1. Effective Enforcement by Government 6

Revision of the Anti-spam Law (1) 1. Introducing direct penalties for malicious spammers - Before the revision, we adopted a two-step punishment for illegal spammers. The first step is an Administrative Order by the Minister and the second step is the imposition of a fine (Indirect penalties). => Direct penalties (fine of up to one million yen or one-year imprisonment) for malicious spammers who disguise their information such as e-mail addresses. 2. Expanding the areas covered by the Anti-spam Law - Before the revision, e-mails sent only to private-use addresses were covered by the law. => Include e-mails sent to business-use addresses 7

Revision of the Anti-spam Law (2) 3. Widening the scope of prohibited areas to fictitious addresses - Before the revision, sending only clearly advertisement e-mails to fictitious addresses was banned. => Include blank e-mails and e-mails apparently from friends that are sent for adovertisement 4. Widening the scope of legitimate refusal of service by ISPs - Before the revision, ISPs could refuse mail services in only a limited number of cases. => If there are legitimate reasons to refuse services, such as causing a log jam of other e-mails due to the extraordinarily large amount of e-mails, ISPs can refuse to provide such senders with services. (Facilitate ISPs voluntary action against spammers.) # MIC also amended the ministerial ordinance in November 20052 to include SMS as a target of the anti-spam law in Japan. 8

2. Self-Regulation by Private Sector ( and Government s promotion) 9

Promotion of self-regulation from 2003 November 2003 Establishment of Working Group for Anti-Spam made up of all mobile operators in Japan (6 groups) and MIC Request that all mobile operators adopt uniform countermeasures to shut out spammers (sent from Mobiles ) 1. Suspension of service for spammers 2. Ceiling on the number of e-mails that can be sent from mobiles Making mobile users more aware of spam issues in collaboration with WG members 10

Mobile Carrier s s Voluntary Actions Number of suspended lines NTT DoCoMo 4,088 as of 30 Nov, 2005 KDDI (au) 42,000 as of 31 April, 2006 Vodafone 20,700 as of 5 April, 2006 Ceiling on the number of e-mails that can be sent from mobiles NTT DoCoMo The number of e-mails that can be sent per line per day is limited to less than 1,000. (20 October, 2003) Limited to less than 200. (8 January, 2004) KDDI (au) Vodafone Suspension of services for senders (lines) who send more than 1,000 e-mails a day. (18 September, 2003) The number of e-mails that can be sent per line per day is limited to less than 1,000. (23 August, 2004) The number of e-mails that can be sent every three hours is limited to less than 120. (22 December, 2003) 11

Countermeasures to SMS spam by Mobile Carriers to SMS spam senders limitation on the number of SMS sent from mobiles suspension of lines of the spammers using SMS for the subscribers of SMS provision of the function to deny receiving SMS provision of the function to deny receiving SMS, which includes URLs and telephone numbers on the texts. 12

Trend in the amount of spam sent from mobiles 800 600 Remarkably decreased due to the cooperation of Mobile Operators and Government 400 200 0 2003 May Jun Jul Aug Sep Oct 2004 2005 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Source: Survey by Japan Computer Communications Association (Sample based survey using monitoring terminals) 2006 Mar 13

spammer Exchange of Information on Spammers among Telecommunications Carriers 1 sending spam receiver 2 report Application to subscribe 3suspension of service 4 providing spam senders information Mobile Carrier A IMPOSSIBLE TO CONTRACT!! Mobile Carrier B Currently, mobile carriers only suspend their service to spam senders based on the contract. However, a spammer, whose service was suspended by mobile carrier A can continue to send spam as a subscriber to another mobile carrier (B). Therefore, it is very important to exchange information among mobile carriers to identify spammers quickly and utilize the information to screen new subscribers. The exchange was enacted by adding a new provision to the Guidelines on the Protection of Personal Information in the Telecommunications Business ( October 2005 ). Launched by mobile carriers in March 2006. 14

Introduction of Exchange of Information on the Spammers among Mobile Operators (2006, March 1~) 1 NTTdoc omo K D D I Mobile operators exchange information (address, name, etc...) on the spammers whose service was suspended by each mobile operator because of sending bulk spam. The information is utilized to identify spammers quickly and to screen new subscribers. Vodafo ne WILLC OM ( P H S ) 15

3. Developing Technologies 16

Development of Technologies Filtering Services Authentication Technology Port 25 Blocking for Anti-spam ISPs worried about whether these technologies go against the Secrecy of Communications provision in the Telecommunications Business Law. MiC s Actions Clarification of the legality of these technologies Promotion of these technologies 17

4.Enhancing Awareness 18

5. Seeking International Cooperation 19

Multilateral OECD (Anti-spam toolkit, etc.) LAP (London Action Plan) ITU (WSIS) APEC (TEL33 in Calgary) ASEM (Joint statement, February 2005) Seoul-Melbourne Multilateral MoU Bilateral MIC holds several bilateral meetings with the EU, UK, France, Germany, Italy, Canada, Australia, etc. MIC signed the Joint Statement with France. 20

Yoshichika Imaizumi y.imaizumi@soumu.go.jp Telecommunications Bureau, Ministry of Internal Affairs and Communications (MIC), Japan 21