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Anti-Spam Effort in Hong Kong
An overview of our anti-spam activities
Tony Li
Assistant Director (Support)
Office of the Communications Authority
Hong Kong, China
7 October 2014
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2
Hong Kong’s
Telecommunications Market
While a vibrant telecommunications market enables legitimate
e-marketing activities, it also attracts spammers.
3
Local Fixed Carrier Services
Fully liberalised – no limit on
number of licences
No specific requirement on network rollout or
investment 21 local carriers
Household penetration rate
103%
Fixed monthly charges for unlimited local calls
Fixed number portability
Choice of >2 carriers - 86.8% of
households
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Fixed Broadband Services
Fully liberalised – over 200 Internet service providers
Technology neutral – xDSL, FTTB/FTTH, HFC
Up to 1 Gbps
Household penetration rate
83.1% Wi-Fi.HK: over 5,000
hotspots, incl. 2,200 APs at 442 govt premises
Over 28,600 public Wi-Fi hotspots and
growing
5
Mobile Services
Fully liberalised – 4 mobile network
operators
Technology neutral – GPRS/EDGE, WCDMA,
LTE-FDD, TD-LTE LTE Cat 4 – maximum
download speed 150 Mbps
Population penetration rate
238.6% Average mobile data usage – 884.3 Mbytes per 2.5G/3G/4G user
(Feb 2014)
Mobile number portability
4G LTE
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Unsolicited Electronics Messages Ordinance (Cap 593) (“UEMO”)
非應邀電子訊息條例 (第 593章)
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The UEMO
• Enacted 23 May 2007; effective 22 December 2007
• Enforced by the Communications Authority (supported by OFCA)
• Regulates commercial electronic messages (CEMs) only
• Technology neutral
• Opt-out regime
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Scope of Application
• Electronic messages:
with a commercial purpose;
sent over a public telecommunications service; and
with a Hong Kong (HK) link sent from or received in HK
sent to a HK phone number (may be roaming)
sent by a HK company
• Exemptions – including person-to-person interactive communications
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Rules about sending CEMs
• Accurate sender information
• Unsubscribe facility – unsubscribe request effective after 10 working days
• Not send to electronic addresses in Do-Not-Call (DNC) registers (except with prior consent)
• Emails – no misleading subject headings
• Calling line identification information – do not conceal
(www.dnc.gov.hk)
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DNC Registers
• Population – about 7.23 million
• Number of domestic households – 2.42 million
Registered Phone Numbers
(August 2014)
Fax 752 442 Short Messages 668 568 Pre-recorded Voice Messages 1 251 454
Total 2 672 464
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Enforcement Notices
• Penalty:
1st conviction: fine up to ~USD12,820
2nd and subsequent conviction: fine up to ~USD64,100
Continuing offence: further fine of ~USD128 per day
• Enforcement Notices – remedy contraventions within specified timeframes
• Non-compliance with Enforcement Notices – criminal offence
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Prohibits address-harvesting and related activities
• Supply, acquire or use electronic address harvesting software or harvested-address lists
• Send multiple CEMs to electronic address obtained using automated means
• Use scripts or automated means to register for >5 e-mail addresses for sending multiple CEMs
• Relay or re-transmit multiple CEMs with intention to deceive or mislead on source
multiple CEMs: >100 CEMs in 24 hours or >1,000 CEMs in 30 days
• Penalty: Fine up to ~USD128,200
Imprisonment up to 5 years (except address-harvesting offences)
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Prohibits fraud and illicit activities
• Access telecommunications device without authorisation to send multiple CEMs
• Initiate transmission of multiple CEMs with intent to deceive or mislead on source
• Falsify header information in multiple commercial emails
• Register for electronic addresses or domain names using information that falsifies identity of registrants
• False representations regarding registrants of electronic addresses or domain names
• Enforced by Hong Kong Police
• Penalty:
Fine determined by Court
Imprisonment up to 10 years
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Handling of reports or complaints
• Strategy
targeted approach identify and take priority actions against major spammers
• Commence investigation if …
prima facie evidence of unscrupulous techniques to send large volume of CEMs
• “One stop shop”
Suspected fraud and illicit activities related to the sending of multiple CEMs – refer to Hong Kong Police if prima facie evidence
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Enforcement statistics
No. of reports received No. of
warning letters issued
No. of enforcement
notices issued
No. of Prosecution Instituted
Fax Email Short Message
Pre-recorded
Voice Message
Others Total
2014 (YTD as of Aug)
233 328 440 144 93 1 238 35 1 1
2013 574 426 606 280 160 2 046 97 8 0
2012 809 567 464 688 101 2 629 66 6 0
2011 1 350 356 168 613 111 2 598 109 7 0
2010 1 774 436 262 532 101 3 105 174 1 0
2009 4 413 804 308 363 194 6 082 93 1 0
2008 6 127 1 092 477 699 397 8 792 67 0 0
Total 15 280 4 009 2 725 3 319 1 157 26 490 641 24 1
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Latest Trends in Spamming
in Hong Kong
With advancements in technology,
it is increasingly difficult to fight cunning spammers.
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Spamming with WhatsApp Messenger
• Design of WhatsApp Messenger – can add members to chat groups without consent
• “Hit and run” strategy – spammer forms a chat group from block of “sequential” phone numbers, sends CEM to group members and quits the group
• Difficult to investigate – used pre-paid SIM cards to register for WhatsApp account; used VoIP phone number for customer communication
• Alerted WhatsApp Inc. – breach of terms of service
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Person-to-person marketing calls
• Exempted under UEMO
• Self-regulatory schemes by telecommunications industry, finance and insurance sectors, call centres
• Main requirements – call between 9:00am and 10:00pm; accept unsubscribe requests
• Smartphone apps – block calls or mute ringtone when called from phone numbers on blacklist from centralised database or entered by user