AntiAnti--Spam Law Enforcement in KoreaSpam Law Enforcement in Korea
July 8, 2004
Kim, Kim, KiKi--KwonKwonDirector
Information Utilization Protective Division
ContentsContents
Understanding SpamUnderstanding SpamI
AntiAnti--Spam Spam LegislationLegislationII
Law Law EnforcementEnforcementIII
ConclusionConclusionIV
I. Understanding SpamI. Understanding Spam
Definition of SpamDefinition of SpamUnder the Korean legislationUnder the Korean legislation
““any commercial information sentany commercial information sentvia evia e--mail, telephone, facsimile, etc.mail, telephone, facsimile, etc.against a recipientagainst a recipient’’s expressed rejections expressed rejection””
Telephone
Mobile Phone
Etc.
Facsimile
Messenger
I. Understanding SpamI. Understanding Spam
Spam in KoreaSpam in Korea
8.4(29%)
29.1’03. NOV
31.5(63%)
50.0’03. MAR
21.3(61%)
34.92002
0.9(19%)
4.72001
8.7(33%)
Illegal contents(%)
26.7Total Spam
’04. MAY
★★ Cumulative economic damage by Spam- KRW1,400 billion a year (Approx. $1.2 billion) [source: KISA, 2003]cf. $20 billion in the U.S. [source: Ferris Research, 2003]
[source: KISA]
★★ Number of Spam received per day
II. AntiII. Anti--Spam LegislationSpam Legislation
The Act on Promotion of Information & CommunicationNetwork Utilization and Information Protection
Stiffening penalties (raising fine for negligence)December 2003Opt-in (except e-mail)January 2005
Strengthening ISPs and ESPs’ rights against spammersProhibition of automatic generating and harvesting contactsProhibition of technical manipulationStrengthening protection of juvenilesExpansion of media type to control spamOpt-out + Labeling
December 2002
Opt-out + LabelingJanuary 2001Opt-outFebruary 1999
Main RegulationEnactment/Amendment
III. Law EnforcementIII. Law Enforcement
ForeignAnti-Spam Authorities
International Organizations
• Bilateral & Multilateral MOU• Law Enforcement Cooperation
• Policies & Strategies• Legislation
• Regulation
• Handling Spam Complaints• Awareness & Education• Anti-Spam S/W
• Best Practice• Monitoring
ISPs & ESPs
ConsumersSpammers
III. Law EnforcementIII. Law Enforcement
Regulating illegal SpamRegulating illegal Spam
▶ Counseling on Spam and handling complaintsreported from the public
▶ Investigating whether legal violation or not(based on the act)
▶ Requesting MIC or Public Prosecutors Officeof legal punishment
III. Law EnforcementIII. Law Enforcement
Regulating illegal SpamRegulating illegal Spam
8,65619,55615,2902,669Counseling78,552
69,8961~5. 2004
98,539
78,9832003
44,395
29,1052002
2,923
2542001
Total
Complaints
[source: KISA]
● Ministrative Order: 2,789 ● Fine for negligence: 350● Prosecution: 1,309 ● Guidance: 14,600
★ Also KISA receives cross-border complaintsthrough the English website
III. Law EnforcementIII. Law Enforcement
Technological SupportTechnological Support- Trace Spammer- Forecast and analyze new types of spamming- Frame the roadmap of Anti-Spam technology- Develop basic and practical anti-spam technology
Partnerships with IndustryPartnerships with IndustryEstablishment of a Coalition Body and Hot LinesEstablishment of a Coalition Body and Hot Lines▶ Consists of MIC, KISA, major ISPs and ESPs▶ Enhance the cooperation
for blocking spam and tracing spammers
III. Law EnforcementIII. Law Enforcement
International CooperationInternational Cooperation
• Korea Information Security Agency (KISA)• Australian Communication Authority (ACA)• National Office for Information Economy (NOIE)
★ Begin to plan joint anti-spam operationsin-line with local legislative provisions
MOU between Australia and Korea
IV. ConclusionIV. Conclusion
Clean e-Marketing EnvironmentClean eClean e--Marketing EnvironmentMarketing Environment
Industry’sSelf-Regulation
IndustryIndustry’’ssSelfSelf--RegulationRegulation
TechnicalSupport
TechnicalTechnicalSupportSupport
InternationalCooperation
InternationalInternationalCooperationCooperation
Government’sRegulation
GovernmentGovernment’’ssRegulationRegulation
Law EnforcementLaw Enforcement
Strong Anti-Spam LegislationStrong AntiStrong Anti--Spam LegislationSpam Legislation
IV. ConclusionIV. Conclusion
Improving CrossImproving Cross--Border Law EnforcementBorder Law Enforcement
★★ Bilateral & Multilateral MOU
★★ Joint Study of National Laws and Authorities
★★ Development of Guidelines
★★ International Seminar/Workshop
★★ Improving Cooperation among Global ISPs & ESPs
Thank You Very Much !Thank You Very Much !