Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

An overview on laws against spamming in India

204 views

Published on

An overview on laws against spamming in India

Published in: Law
  • Be the first to comment

  • Be the first to like this

An overview on laws against spamming in India

  1. 1. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com An Overview On Laws Against Spamming In India MAHALAKSHMI SURESH
  2. 2. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com SPAMMING • Spam may be defined as Unsolicited Bulk E-Mail (UBE) or Unsolicited Commercial E-Mail (UCE). • UBE – Any email message sent to multiple e-mail addresses where the recipients have no direct prior relationship to the topic of the communication. • UCE – AN UBE with contents which are commercial in nature. • Contents of UBE and UCE may range from scams, false antivirus notifications, product sales, offers, adult site membership, illegal medicines, amazing mortgage deals, etc. • A person who creates spam is called a spammer. • The term "spam” arose from Hormel's Spiced Ham product and derived from a Monty Python sketch set in a movie/TV studio cafeteria.
  3. 3. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com • The first known history of email spam dates back to 1978 when a message advertising the availability of a new model of Digital Equipment Corporation was sent to 393 recipients on ARPANET. • The first known electronic chain of unwanted junk emails was titled ‘Make Money Fast’ which was released in 1988. •Till the early 1990s, virtually electronic spamming was ignored in major States of the world. •In early 2002, spam presented about 16% of all email sent over the Internet; by early 2008, spam presents between 87% and 95% of all email. •The first major commercial spam incident was when a team of lawyers started using the bulk Usenet to advertise immigration law services. This event was commonly termed as the ‘Green Card Spam’. •In the wake of widespread criticisms, the lawyers claimed that they had the right to free speech which included the right to send unwanted commercial messages. History of Spamming
  4. 4. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Why Spammers Spammed?  The Spammers transmitted their messages in the millions in the hope that a some people response. Income is made from actual products sold, or a percentage commission from products sold. Response rates and benefit margins are generally low – but so are the costs. Illustration, with say a $1 per unit profit margin, and only a 0.1% response rate, a spammer could make $10, 0000 by sending 10 million email messages.  The huge amount of messages spammers may send in a day may add up to a significant income. The all spammer needs to send spam is the following:- 1. Spamming software. This is inexpensive and easily obtained over the Internet. 2. An email address list. These can be bought on a CD, or harvested. 3. A financial opportunity there seems to be no deficit of chances for spammers. Usually spam mails contains product sales, offers, adult site membership etc.
  5. 5. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Why Spammers Spammed? A spammer has several sneaky ways of getting email addresses. Here are some of the most prevalent: Methods used by spammers to get individual e-mail address:- 1. User newsgroup postings 2. User registrations at unscrupulous sites 3. User chat sessions 4. From email lists the spammer buys 5. From spam bots that crawl the web for any @ sign 6. From mailing lists to which users subscribe 7. By harvesting all the email addresses on your company‘s server 8. By randomly generating name combinations for your domain
  6. 6. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com How Spamming is done? There are various methods through which Spamming is done. The usually used ones are: i. Rogue ISPs: Spammer with sufficient funds run rogue ISP. This enables them to use multiple domain names. It receives its own network numbering and multiple domain names from the Inter NIC. It is possible to block a domain but not a ISP provider. ii. On-the-fly’ Spammers: Such type of Spammers, register themselves as multiple genuine users with different ISPs. They forge an identity or steal credit cards and use them to establish identities. They then use these accounts to start spamming. By the time, the ISP realizes that they are hosting a Spam run, the Spammer switch to another account. iii. Blind Relays: Some badly configured servers allow Blind Relaying i.e. sending messages without authentication. Spam is routed through such blind relays.
  7. 7. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Laws against Spamming in India Spam legislation is non-existent in India. Only the Information Technology Act 2000, section 79 and 43a suggest that an intermediary dealing with personal data has to pay a compensation, in case it fails to protect the data. As well as, under section 67 punishment can be imposed if obscene content is published or transmitted via electronic means. Section 66A of the IT Act defines the punishment for sending “offensive” messages through a computer or any other communication device like a mobile phone or a tablet. Penalties include fines up to INR 5,00,000. In case of a second or consecutive conviction, a fine up to INR 10,00,000 and up to 5 years of imprisonment apply. However, the law is defined very broadly and is only rarely enforced in email marketing cases.
  8. 8. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com There are many reasons for having a comprehensive legislation on curbing, controlling and penalizing spammers – • The Delhi High Court acknowledged the absence of appropriate legislation concerning spam in a recent case wherein Tata Sons Ltd and its subsidiary Panatone Finwest Ltd filed a suit against McCoy Infosystems Pvt Ltd for transmission of spam. It was held that in the absence of statutory protection to check spam mails on Internet, the traditional tort law principles of trespass to goods as well as law of nuisance would have to be used. • With the growing number of Internet users every day and the increasing proportion of junk e-mail, it is essential that measures be taken to curb spam before it assumes huge proportions like in the United States. Laws against Spamming in India
  9. 9. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com The Ministry of Information Technology has initiated discussions to incorporate provisions against spammers. However, the Ministry is yet to decide whether the punishment against spammers should be punished out after verifying the nature of the spam, that is, whether the act of spamming was done inadvertently or on purpose. In addition to the above effort, the Indian arm of the Coalition Against Unsolicited emails has been established to make efforts to combat the spam menace. However, in the absence of stringent laws and technical advancements, all the efforts to fight spam would be tough. Laws against Spamming in India
  10. 10. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Laws against Spamming in India
  11. 11. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Suggestion for Anti- Spam Law in IT Act, 2000 Globally, more than 50% of all e-mail traffic is now spam. The problem in India is intensifying, at high cost to business and consumers. 50% of all e-mail in World is spam, with a significant 3% of it originating in India itself, and a further 20-40% from other Asian sources. An alliance of Internet-related businesses and associations must be formed to assist consumers and businesses by combating spam in India. Permission to send a mail to any stranger must be obtain and only one reminder will be send for such permission On decline to send the permission it would be presumed that the request has been turned down and use of the id except self must be strictly prohibited Spammers use tactics such as to avoid the detection and to encourage unsuspecting consumers to open spam mail. With every mail detail id of sender made compulsory so that his identification may be traced Sending mail containing the false information should be consider as a serious offence
  12. 12. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Suggestion for Anti- Spam Law in IT Act, 2000 Any vague mail should not to be send to anybody, if any people acted upon the belief of any mail send to him, he should be compensated keeping in the mind, the common understanding by the intelligence of common people Any greedy or tempting mail should not be send to any person by making it an offence Discussion and development of industry best practices for commercial e-mail Evaluation of extent of the spam problem in India through both longer and short term projects In India, we can identifying the effectiveness of anti-spam legislation through wide survey The sharing of information would help to take a implementation action against high-volume spammers Legislation related to anti-spam must apply to companies as well as an individual who intend to use false subject lines in their Email. Criminal and civil penalties should be imposed for fraudulent e-mails.
  13. 13. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com Suggestion for Anti- Spam Law in IT Act, 2000 Exhaustive assessment should be made to prevent reaping and the use of “dictionary attacks and prohibitions on the use of scripts to establish large volumes of e-mail accounts from which to send spam. To control the spam e-mail government is also making his involvement in a wide range of actors, including: 1. Developers and suppliers of anti-spam technologies Internet service providers (ISPs); commercial e-mailers; 2. Various policy departments, regulatory bodies and enforcement agencies of national governments; 3. Intergovernmental and other international organizations involved in policy co- ordination and the development of technical standards. 4. Civil society organizations that represent consumer and business interests; active end users, who monitor and report spam; Law related to anti-spam should not occupy only entities and individuals whose products are promoted in spam mail but also others who knowingly help in the transportation of unlawful spam.
  14. 14. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com True effect of SPAM laws The true effect of SPAM laws A graphic representation with the leading countries of origin for SPAM emails as of 2nd quarter 2017 is based on share of worldwide SPAM volume. Countries like Vietnam, China and India are the countries with the most SPAM-bots in the world. The lack of good anti-virus software and proper ISP filtering are some of the main reasons for Asia having the worst botnet infestations.
  15. 15. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com True effect of SPAM laws
  16. 16. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com AWARENESS SURVEY ANALYSIS
  17. 17. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com SAMPLE SPAM EMAIL
  18. 18. CHENNAI C2-A, Industrial Estate, Guindy, Chennai - 600 032. Tel: +91 - 44 - 22501318, 42107341 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Mob: +918277460648 COIMBATORE #1533, Trichy Road, Coimbatore – 641018. Mob: +919385432921 HYDERABAD Vatika Business Centre, Suite 10,3rd Floor, NSL Icon, Road No. 12,Banjara Hills, Hyderabad - 500034. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin – 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com

×