Anti-spam: to punish someone for annoying SMS-mailing

In Parliament a new billaccording to which proposed to fine mobile operators for sending out spam. The website “Today” to find out who really should be responsible for the dominance of spam, and what people think about this all the participants of communication.

That stated in the bill

Bill No. 7043, which was designed to combat phone spam was registered in the Verkhovna Rada on August 28. Its author, Borislav Bereza, said that the results of a survey which he conducted himself on the page on Facebook, ads in SMS is very annoying Ukrainians.

“Then I promised to develop and submit a bill that would have protected us from unwanted interference in our lives and stop using our personal data without our permission,” added Birch.

It is now proposed to amend the Law of Ukraine “About telecommunications”. In the explanatory note to the bill States that its main objective is the implementation mechanism for the protection of subscriber’s telecommunications services from unauthorized electronic text or multimedia messages and then use their contact data and can use this information for fraudulent purposes.

The bill also provides for administrative liability and fines for telcos:

through illegal spam operators will be required to reimburse direct and indirect damages to the subscriber and to pay a fine of 30 to 40 (510-680 UAH) non-taxable income of citizens;

in the case of repeated violations within a year, the fine will range from 50 to 100 (850 to 1700 UAH) non-taxable income.

Like this comment operators

How this bill will be effective – hard to say. On the one hand, the problem with the spam that constantly comes to mobile phones and offering to order a taxi cheaper or buy tickets to a concert, really annoying. On the other hand, the spam comes through no fault of the mobile operators. As told to us by Mikhail Shuranov, the Director of Department for public relations of one of the Ukrainian telekommunikacionnykh companies, operators do not have the right to filter messages that are sent to the subscribers.

“The need to streamline the use of Telecom capabilities and SMS and phone calls for commercial purposes without the consent of the subscribers clearly present. However, first of all, note that the operators are obliged to send all messages, transmitted by other subscribers to a particular user number. The operator has no right to filter incoming SMS (and calls) in order to determine what falls under the definition of “spam” and what is not. That is, the operator in this case is similar to the glass in the window through which the subscriber sees the outside world. And if they show him something annoying, the glass is certainly not to blame. It is the initiator of the mailing and should be held responsible for the content of messages they send. In turn, some operators have to stop the practice of price differentiation for send business SMS” – explains the situation Shuranov.

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Basically, the spam comes from there, where subscribers to this leave your contacts – banks, pizzerias, taxi service, various contests, promotions, etc. Therefore, while it is necessary to filter messages, the operators are unable to decide what is important to human information and what is spam.

“We believe that the responsibility for their content and for spam needs to be borne exclusively by the initiators of such mailings. If the complaint of the caller for their maintenance, the court will have to bring the authors to justice. This form of struggle will be effective,” says Shuranov.

In turn, Maxim Savchenko, Advisor on regulatory issues to one of Ukrainian mobile operators, said that this bill will not help the fight against spam, since it does not contain the necessary mechanisms.

“The bill does not contain mechanisms to combat spam, and offers to solve the problem solely by making changes to the Law of Ukraine “About telecommunications”, imposing on operators and providers of telecommunications commitments and sanctions. It is illogical and unreasonable, as mobile communication is just the transmission medium of the information at that time as generators mailings are suppliers of products and services,” says Savchenko.

Note, in the world of spam fighting otherwise. For example, in the USA and Australia there are special registers “Do not call”, where one enters your room and establishes a ban on all deliveries that take place without his consent. Also there are certain rules and codes that oblige to the consent of subscribers before you can send messages with advertising.

“It should be noted that telecommunications operators in close cooperation with the national regulator has proposed amendments to the Rules of provision of telecommunications services for more effective anti-spam that are submitted to the Cabinet of Ministers”, – concluded Savchenko.

What people think about this people

In social networks also discuss a new bill. Some users of Facebook say that it is waiting for when this or a similar the law will work, because strange greetings, advertisements and other distribution, already rather tired. Also part of the user believes that operators should filter spam and deal with it.

Experts, as already mentioned, believe that although spam is now really very much, and should take measures for its eradication, however, the proposed bill clearly needs improvement.