[Ecommerce] First excution based on spam law

Sat Jan 18 17:05:00 2003

This is a multi-part message in MIME format.

------=_NextPart_000_0023_01C2BF50.94DAC790
Content-Type: text/plain;
	charset="iso-2022-jp"
Content-Transfer-Encoding: 7bit

As I already posted, the Rationalization of Transmission of a Specific
E-mail Act and the revised Specification Commercial Transaction Practices
Act were enforced on July 1, 2002.
The selling entrepreneur or advertising business is obliged to describe
"non-consented advertising *" in the subject line of transmitting mail by
the laws. The obligation is mandatory. The laws prohibit describing such as
"! Nothing connection method !", without displaying a transmitting person's
contact in the subject column. A transmitting person has to indicate the
mail address for connecting reception refusal to everything but a name.
The laws forbid the business to resending mail to the user who did reception
refusal at once, and also penal regulations are imposed to the misconduct.
A revised Specification Commercial Transaction Practices Act aims consumer
protection as the main purpose. The law promotes a healthy commercial
transaction by regulating the advertiser who performed an act which deceives
a consumer. On the other hand the law aims at a consumer taking care not to
lapse into the disadvantageous situation for a target.
A Specific E-mail Act aims at stable offer of communication service and at
preventing the communication trouble created by the troublesome mail,
delayed payment of wages of mail. This law also regulates the sending
business transmitting SPAM mail with the advertiser. This law forbids the
business from transmitting the troublesome mail to the fictitious address,
combining the alphanumeric character at random. Only the Specific E-mail Law
stipulates the prohibition. It seems to be based on the difference in the
legal purpose.

Specific E-mail Law imposes a 500,000 or less yen fine to the business
neglecting display duty. Moreover, this law imposes a 300,000 or less yen
fine, when a transmitting person neglects a regular report or performs the
act which bars entry inspection.
On the other hand, the revised Specification Commercial Transaction Act
imposes a 1 million or less yen fine, when a transmitting person does not
follow directions ordered by the Ministry of Economy, Trade and Industry.
The law imposes a 3 million or less yen fine or two or less year penal
servitude, when a transmitting person does not follow a business suspension
command. In the case that the offender is the corporation, the penalty is a
300 million or less yen fine.
The Japan Business Association also deals with the claim of unpleasant
troublesome mail under the revised Specification Commercial Transaction Act.
A receiver needs to transmit the unlawful mail to mailagain@nissankyo.jp,
specifying receiving time and the sender address.
In addition, the consumer consultation office of the Ministry of Economy,
Trade and Industry and the Consumer Information Centre in local government
office respond to consultation.

In the case of a illicit retransmission of message, it is necessary to check
a series of exchanges about mail in violation of duty. Therefore, those who
file a complaint to the authority have to make information offer with the
means of mail, facsimile, or mailing according to a predetermined format,
after once transmitting and packing applicable mail into a personal
computer.
The Ministry of Economy, Trade and Industry investigated the status of
troublesome mail claims, one month after the laws were enforced. According
to this, displaying the title of mail written as "non-consented advertising
*" reached to 95%. However, it was only 6% which specifies the sender name.
Moreover, it was only 25% that specifies the mail address for the notice of
reception refusal. Most quantity of the mail indiscriminately sent for
cellular phones is not becoming less.

Anyway, recent status of this kind of claim is not reported, so the current
status of claim is unclear, with the effectiveness of the laws.

Takeshi Muramoto
> Does this mean that Japan has a rule regarding mandatory labeling of
> spam?  How exactly does this work?

------=_NextPart_000_0023_01C2BF50.94DAC790
Content-Type: text/html;
	charset="iso-2022-jp"
Content-Transfer-Encoding: quoted-printable

<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Diso-2022-jp">
<META content=3D"MSHTML 6.00.2722.900" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=3D#ffffff>
<DIV>As I already =
posted, the=20
Rationalization of Transmission of a Specific E-mail Act and the =
revised=20
Specification Commercial Transaction Practices Act were enforced on =
July 1,=20
2002. The selling entrepreneur or advertising business is obliged to=20
describe "non-consented advertising *" in the subject line of =
transmitting=20
mail by the laws. The obligation is mandatory. The laws prohibit =
describing=20
such as "! Nothing connection method !", without displaying a =
transmitting=20
person's contact in the subject column. A transmitting person has to =
indicate=20
the mail address for connecting reception refusal to everything but a =

name. The laws forbid the business to resending mail to the user who =
did=20
reception refusal at once, and also penal regulations are imposed to =
the=20
misconduct. A revised Specification Commercial Transaction Practices =
Act aims=20
consumer protection as the main purpose. The law promotes a healthy=20
commercial transaction by regulating the advertiser who performed an =
act=20
which deceives a consumer. On the other hand the law aims at a =
consumer=20
taking care not to lapse into the disadvantageous situation for a=20
target. A Specific E-mail Act aims at stable offer of communication =
service=20
and at preventing the communication trouble created by the =
troublesome=20
mail, delayed payment of wages of mail. This law also regulates the=20
sending business transmitting SPAM mail with the advertiser. This law =
forbids=20
the business from transmitting the troublesome mail to the fictitious =

address, combining the alphanumeric character at random. Only the =
Specific=20
E-mail Law stipulates the prohibition. It seems to be based on the =
difference=20
in the legal purpose. Specific E-mail Law imposes a =
500,000 or=20
less yen fine to the business neglecting display duty. Moreover, this =
law=20
imposes a 300,000 or less yen fine, when a transmitting person =
neglects a=20
regular report or performs the act which bars entry inspection. On =
the=20
other hand, the revised Specification Commercial Transaction =
Act imposes a 1=20
million or less yen fine, when a transmitting person does not follow=20
directions ordered by the Ministry of Economy, Trade and =
Industry. The law=20
imposes a 3 million or less yen fine or two or less year =
penal servitude,=20
when a transmitting person does not follow a business =
suspension command. In=20
the case that the offender is the corporation, the penalty is a 300 =
million=20
or less yen fine. The Japan Business Association also deals with the =
claim of=20
unpleasant troublesome mail under the revised Specification =
Commercial=20
Transaction Act. A receiver needs to transmit the unlawful mail to =
<A=20
href=3D"mailto:mailagain@nissankyo.jp"><FONT=20
size=3D3>mailagain@nissankyo.jp</A>, specifying =
receiving=20
time and the sender address. In addition, the consumer consultation =
office of=20
the Ministry of Economy, Trade and Industry and the Consumer =
Information=20
Centre in local government office respond to consultation. In =
the case=20
of a illicit retransmission of message, it is necessary to check a =
series of=20
exchanges about mail in violation of duty. Therefore, those who file =
a=20
complaint to the authority have to make information offer with =
the means of=20
mail, facsimile, or mailing according to a predetermined =
format, after once=20
transmitting and packing applicable mail into a =
personal computer. The=20
Ministry of Economy, Trade and Industry investigated the status=20
of troublesome mail claims, one month after the laws were enforced.=20
According to this, displaying the title of mail written as =
"non-consented=20
advertising *" reached to 95%. However, it was only 6% which =
specifies the=20
sender name. Moreover, it was only 25% that specifies the mail =
address for=20
the notice of reception refusal. Most quantity of the mail =
indiscriminately=20
sent for cellular phones is not becoming less. Anyway, recent =
status=20
of this kind of claim is not reported, so the current status of claim =
is=20
unclear, with the effectiveness of the laws. Takeshi =
Muramoto &gt;=20
Does this mean that Japan has a rule regarding mandatory labeling =
of &gt;=20
spam?&nbsp; How exactly does this=20
work? </DIV></BODY></HTML>

------=_NextPart_000_0023_01C2BF50.94DAC790--