PRESENTATION Tongas Spam Bill Alfred Soakai Department of Communications, Prime Ministers Office, To

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PRESENTATIONTongas Spam BillAlfred
SoakaiDepartment of Communications, Prime
Ministers Office, TongaAPT/PITA Spam Network
Meeting for the Pacific, 3 - 5 October 2005,
Nadi, Fiji.
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Background

• Firstly it is a pleasure today to be making this
  presentation to you.
• Late the 1990s the Government identified an
  opportunity to reform the telecommunications
  sector in Tonga enactment of Communications Act
  2000, establishment of the Department of
  Communications, corporatisation of government
  owned telco and licensing of a 2nd service
  provider.

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• The Department of Communications underlying
  objectives are
• To improve sector performance to ensure
  domestic and global connectivity throughout the
  Kingdom of Tonga.
• This includes improving the quality of service,
  geographic coverage, service affordability and
  access to new service applications.
• Policy Principles
• Nurturing a sustainable and financially viable
  communications sector
• To maximise infrastructure availability
• Support new industry investment and attraction
• Maximise strategic and economic benefit from
  communications assets

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Why is spam a problem?

• Financial costs associated with dealing with spam
  bandwidth, filters, time to remove
• Negative effect on national and international
  global network
• Negative effects on users confidence in using
  email
• Questionable content
• Use of viruses to spread spam
• Way email addresses collected

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Process

• Service providers in 2004 noticed that spam was
  increasingly becoming a problem technically and
  economically
• Interest in DCITA spam presentation at APT/PITA
  ICT Meeting for the Pacific, August 2004, Nadi,
  Fiji
• DoCs desire to maintain ICT legislative momentum
  2000
• Nov 2004 - Recommendation made to Minister
  responsible for Communications to look into spam
  measures for Tonga approved
• Feb 2005 - Cabinet approve spam policy for Tonga
  request assistance from DCITA in formulating
  spam act for Tonga
• April 2005 - official request DCITA for
  assistance in drafting spam act for Tonga
• May 2005 - DCITA team in Tonga to assist draft
  spam legislation for Tonga modelled on
  Australias successful Spam Act 2003

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Instructions

• Keep it simple and enforceable
• Relevant within Tongan context
• Consistent with other laws
• Consultation with stakeholders

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Definitions

• Spam an unsolicited commercial electronic
  message
• Commercial offer to sell, purchase or advertise
• content and associated links
• Electronic message email, SMS, MMS and iM

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Spam Bill - messages not covered

• Messages without commercial content
• Non-electronic messages (ordinary mail, flyers)
• Voice-to-voice telemarketing
• Most pop-up windows
• Facsimile

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Spam Bill - What does it say?

• Prohibits unsolicited commercial electronic
  messaging
• consent - identify - unsubscribe
• address harvesting software and lists cannot be
  used to send spam

Covers messages that originate in Australia or
that are sent to Australia
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3 rules to follow
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• Accurate Sender Information
• ...must clearly and accurately identify the
  organisation or individual that authorised the
  sending of the message
• Contact info must be included

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• Functional Unsubscribe Facility
• A commercial electronic message with an Tongan
  link must contain
• a statement that the recipient may unsubscribe
• an electronic address capable of acting on
  unsubscribe requests
• takes effect after 5 days maximum

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• Definition Consent
• Express Consent - a direct request
• Inferred Consent- may be deduced from
  behaviour, business and other relationships

• In
• Providing business cards
• conspicuous publication - eg. publishing
  address on the internet/yellow pages
• Providing address as part of a transaction
• Prohibited
• Address harvesting
• Dictionary attacks

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Possible responses

• Formal Warning
• Infringement Notice
• Court Action

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Designated commercial electronic messages

• Limited exceptions, intended as a safety-net
  provision apply to
• charities
• religious organisations
• educational institutions
• government bodies
• registered political parties
• purely factual information

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Exceptions

• No unintended restriction on communication
  between the listed organisations and the
  community.
• Applies to messages
• authorised by the named organisation and,
• relating to goods or services supplied by that
  organisation.
• The message must always contain accurate sender
  information.

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Some common questions and issues

• The majority of spam comes from offshore. How
  will legislation address this?
• Will business still be able to communicate with
  their existing customers?
• Will business be able to communicate with new
  customers?

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Malo 'aupito. Thank you.