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SINGAPORE: Singapore's new law to control spam may not see a perfect balance being struck between the problems caused by spam and a smooth road for electronic marketing, but new avenues in battling spammers are opening up.
A week into the spam control law sees a trickle of email from local marketeers dutifully marked "ADV" alongside the subject and an "unsubscribe" function tucked away within the missive.
Boardrooms are probably also buzzing with discussions on ways not to run foul of the new law which defines spam as "an unsolicited commercial electronic message sent more than 100 times, with the same or similar subject-matter, during a 24-hour period, or more than 1,000 times during a 30-day period, or more than 10,000 times during a one-year period". It also holds liable a person who knowingly allows his product or service to be advertised by a sender through email or the mobile platform to recipients who did not consent or request for the information.
Nominated Member of Parliament Siew Kum Hong, who spoke in Parliament when the law was passed, said the intention of Singapore in wanting to implement spam legislation, knowing that it would not reduce the volume of spam, meant that it had to be done in such a way as to impose the lowest possible level of compliance obligations on those who have to comply, such as the marketeers in Singapore.
He added that the legislation passed on April 12th would give Singapore an effective voice if and when there are international efforts to implement a cross-border solution to spam.
Electronic messages offer direct marketers an important and cost-effective means of reaching out to potential customers on a large scale, and is an important avenue for companies wanting to market their products or services directly and cheaply.
At the same time, a study in 2003 carried out by the Infocomm Development Authority (IDA) found that email spam alone caused Singapore users about $23 million in productivity loss. Although the impact of mobile spam has not been studied, it is believed that the cost in time lost can be just as significant.
To balance it out, the new law requires advertising sent through email or over mobile phones to contain a valid and cost-free unsubscribe facility, an "ADV" label to mark it out as an advertisement, as well as accurate header information or subject titles.
Those who don't do so can be taken to court by the spam victim, who can sue for damages of up to $1 million.
The law will only apply to those who send spam with a Singapore link, so the floodgates to unsolicited email won't be closed since most of it finds its way to Singapore from overseas. It could, however, turn the tap on mobile spamming before it grows into a larger problem.
Another outcome is that the legislation will clearly post the "off limits" sign to spammers.
As Minister for Information, Communications and the Arts Dr Lee Boon Yang stated, the legislation is meant to deter spammers from using Singapore as a base for spamming, as well as stating clearly and unambiguously that Singapore is ready to address the problem of spam.
Although local mobile and internet users now have some measure of protection, there is still some concern over the opt-out clause for unsolicited messages.
The "unsubscribe" function, which is supposed to meet both the concerns of the individual consumer and the legitimate marketing needs of businesses, can serve to alert spammers that the account is active and result in more spam.
As Chua Kay Chuan of IT security solutions provider Symantec pointed out, "the opt-out option assumes that the source of the unsolicited mail is legitimate and does not contain malicious software; the truth is when you get an email you wouldn't really know, so when you opt-out, you could be sending the spammer a validated email address."
The option some say is to have an opt-in approach. But does it have to be just one, or the other?
Chua, who is Symantec's Regional General Manager, Asia-Pacific & Japan Government Relations, suggested an alternative where a third party is entrusted to certify compliant marketers. This, he said, gains the confidence of the public faced with the opt-out option, while at the same time allows marketeers to enjoy the flexibility afforded by the opt-out option.
Chua also said that due to the constantly evolving nature of technology, officials should review its legislation on spam regularly to keep pace with the changes.
On the industry action front, the IDA is working with local Internet Service Providers to set up self-regulation frameworks, and the Direct Marketing Association of Singapore to formulate anti-spam and email marketing guidelines.
According to a spokesperson, the IDA is looking into working with various industry associations, such as DMAS and SiTF (Singapore infocomm Technology Federation), to educate businesses on the spam control law.
At the same time, businesses have been advised to be proactive by educating themselves with information on right practices. Some of these can be found at the IDA's website www.ida.gov.sg and also websites maintained by the Spam Control Resource Centre www.spamcontrol.org.sg.
As for service providers, telco StarHub, when asked on the steps being taken in response to the new anti-spam legislation, said; "we are already managing spam from the operations, security and product perspectives, and are encouraged to see that anti-spam efforts has been further tightened."
StarHub also said that in dealing with spam, they offer an anti-spam solution to i.Mail customers and there is educational information on spam prevention available its website.
Right now, local ISPs place warnings against spamming under their Terms and Conditions. Perhaps sooner, rather than later, these could be made clearer and more apparent, especially since under the new law, a provision has been made so that Internet Access Service Providers and Telecom Service Providers, with the IDA approval, may issue a code of practice on the minimum standards of technical measures to effectively control the sending of unsolicited commercial electronic messages or any other matter.
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