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MCMC plans anti-spam regulations

12 Aug 2003, Raslan Sharif, The Star
The Malaysian Communications and Multimedia Commission (MCMC) has proposed several measures to clamp down on spam. MCMC issued a discussion paper last week in which it listed out several proposals to combat the incidence of unsolicitied e-mail and SMS (short message service). The proposals include formulating a definition of spam for regulatory purposes, imposing mandatory measures on service providers, and a multi-tier plan to resolve spam-related complaints and disputes. “The issue of spam is being debated everywhere and regulators are looking for ways to combat spam. Here in Malaysia, while the problem is not as severe, MCMC feels that steps ought to be taken before it gets out of hand,” said an MCMC spokesman in a press statement released last week. In the discussion paper, MCMC said there was a need for a clear definition of spam to avoid confusion and differences in interpretation that could give rise to regulatory complications. “The point of focus is not so much on what is done, but how it is done,” it added. Arguing for an official definition of spam to be applied across the communications and multimedia industry, MCMC said a study it conducted on the anti-spamming policies of local service providers indicated the use of “very general words and phrases” like “sending large number of unsolicited mail” or “sending mass unsolicited mail.” “Consistency in the use of such definitions across the board ... may be neccessary,” it added. “Besides being useful for legal action, (it) also helps make clear to the public what spam essentially is.” MCMC proposed a compact and content-neutral definition of spam: The activity of sending unsolicitied commercial messages. The Commission also cited several arguments to justify its proposed regulatory intervention into the issue of spam. It said the economics of the Internet has created the spam problem because there was no “per message” cost in the use of e-mail and SMS as a marketing tool, and argued that the coming of MMS (multimedia messaging service) and 3G messaging services would further enhance this, while at the same time, identifying spam senders was relatively difficult. Although identifying the originating point of spam was not technically impossible, MCMC said pinpointing the actual offendor “may need further investigation.” MCMC also proposed that service providers be made to implement several measures in combating spam. These include: 1. Purchasing software and hardware to monitor, supervise and investigate spam occurences; 2. Employing suffcient technical expertise for the purpose; 3. Developing compliance policy and procedures; 4. Designating a specific unit to attend to, coordinate and handle spam issues; and, 5. Acting expediently. Of the last item, MCMC said it was “vital in order to capture the pathways used by spammers.” “This ... neccessarily requires the cooperation and collaborative efforts of all parties concerned, namely the ISPs, phone companies, the Police and the Commission in monitoring, investigating and tracking down offendors succesfully,” it added. MCMC acknowledged that imposing the measures would likely increase operating costs for service providers, but it added that the benefits would outweigh the costs in the long run. “The failure to curb ... spamming can lead to serious system degradation, poor performance, resource wastage and hamper industry development in the long term,” it said. Besides the measures to be undertaken by service providers, MCMC also proposed a four-tier approach to tackling spam experienced by Internet and mobile phone users. Under the proposal, users are encouraged to handle spam by themselves as a first step. “Internet users can ignore spam and delete it,” said MCMC, which also argued the same for SMS spam. It also proposed that users be encouraged to avoid places where spammers generate mailing lists, such as newsgroups, chat rooms and public directories, and to use “disposable or dispensable e-mail addresses.” If the problem recurs or becomes excessive, MCMC suggested that users lodge complaints with service providers, failing which a complaint could be lodged with the Consumer Forum, or with the Content Forum for issues related to the content of the unsolicited messages. As a final recourse, users could complain to MCMC. To combat spam originating from overseas, MCMC proposed efforts to initiate the setting up of regional and “possibly” global collaborative alliances with foreign regulators, service providers, non-government organisations, and related projects and initiatives in other parts of the world. MCMC argued that its proposals in the discussion paper were “neccessary because they promote national policy objectives ... more so when information-based services provide the basis of continuing enahncements to the quality of life and work of an individual.” The discussion paper can be downloaded from the MCMC website at http://www.mcmc.gov.my/. The public can submit comments on the proposals to MCMC via e-mail at [email protected]. The closing date for submissions is at 12pm on Sept 3
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