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””

E-mail

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 !