Anonymous Spam; A Maximum of 5-Year Imprisonment Proposed.　The Ministry of Transportation and Communications Drafts Anti-Spam Legislation; Fines of up to NT$2000 Per Email.

A flood of unsolicited electronic mail has become a major annoyance for email users and corporations. The Ministry of Transportation and Communications has decided to adopt measures similar to those implemented in the U.S. and Japan, and impose specific legislative control over unsolicited email. A draft of the “Anti-Spam Legislation” was introduced yesterday. This legislation stipulates that if the sending of commercial email results in damages to recipient, the recipient involved is entitled to claim an indemnity from NT$500 to NT$2,000. Senders who deliberately and anonymously distribute unsolicited electronic mail can face a maximum of 5 years imprisonment.

 

The targets for this new legislation are those who market products or provide services by sending email through the Internet. This legislation stipulates that all electronic mail sent must conform to the following four rules: i) Senders must provide an “Opt-Out” function so that recipients can choose not to accept any more email from the senders. ii) Senders must make their email messages easily recognizable as advertising and as commercial. iii) Senders must provide correct header information such as sources, routes, destinations, and dates of receipt. iv) Senders must provide appropriate identification information and return addresses. 

 

Email senders will have to bear the responsibilities of indemnification and recipients will be entitled to claim compensation under the Civil Code if the senders send the commercial mail while knowing that the recipients had previously refused to receive it, or if the false, misleading subject lines cause damages to the recipients or the recipient’s mail servers. As it is difficult for recipients to demonstrate the actual loss suffered, this legislation allows compensation claims to range between NT$500 and NT$2000 per email message sent. The maximum total compensatory fine is NT$20,000,000. However, there is a 5-year statute of limitations for the recipients to make claims. Group litigations are also permitted by this new legislation when it is necessary. 

 

Those who intend to seek illegal profits for themselves or a third party, by hiding their identification or header information, or sending a flood of unsolicited electronic commercial mail that could cause damages to the recipients will be subjected to imprisonment for a maximum of 2 years. They could also face criminal detention or a fine up to NT$200,000. Those who are considered to be habitual offenders could be sentenced to imprisonment from 6 months up to 5 years which can be cumulatively punished with fines range from NT$200,000 to NT$1,000,000. (2004.06)

CYJ/SH