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Unsolicited Electronic Messages Unsolicited Electronic Messages

OrdinanceOrdinance

An Overview of Implementation and EnforAn Overview of Implementation and Enforcementcement

28 May 200728 May 2007

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Summary of Unsolicited Electronic Summary of Unsolicited Electronic Messages Ordinance (UEMO)Messages Ordinance (UEMO)

Scope of ApplicationScope of Application Covers electronic messages, including pre-recorded Covers electronic messages, including pre-recorded

promotional voice messages, fax, email, SMS/MMS messagespromotional voice messages, fax, email, SMS/MMS messages Purpose of messages are for promotion of products, services, Purpose of messages are for promotion of products, services,

offering of business opportunities, or promoting the sending offering of business opportunities, or promoting the sending organisations; andorganisations; and

Messages have a Hong Kong Link:Messages have a Hong Kong Link: the message originates from Hong Kong; the message originates from Hong Kong; the message is sent or authorised to be sent by a person physically in the message is sent or authorised to be sent by a person physically in

Hong Kong or a Hong Kong company/organisation;Hong Kong or a Hong Kong company/organisation; the telecommunication device that is used to access the message is locathe telecommunication device that is used to access the message is loca

ted in Hong Kong;ted in Hong Kong; the message is received in Hong Kong (irrespective of whether the recithe message is received in Hong Kong (irrespective of whether the reci

pient is a Hong Kong resident); orpient is a Hong Kong resident); or the message is sent to a Hong Kong telephone number.the message is sent to a Hong Kong telephone number.

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Summary of UEMOSummary of UEMOExemptionsExemptions Person-to-person interactive communicationsPerson-to-person interactive communications Messages sent in response to recipients’ specific requests (e.g. fax-Messages sent in response to recipients’ specific requests (e.g. fax-

on-demand)on-demand) Messages with primary purposes of: Messages with primary purposes of:

confirming a commercial transaction that the recipient has previously agreed confirming a commercial transaction that the recipient has previously agreed to enter into with the sender etc. (e.g. invoice, receipts), or to provide to enter into with the sender etc. (e.g. invoice, receipts), or to provide warranty or product recall information etc.warranty or product recall information etc.

providing notification (such as account balance information or account providing notification (such as account balance information or account statement) concerning a change in the terms or features, recipient’s standing, statement) concerning a change in the terms or features, recipient’s standing, status with respect to a subscription, membership, account, loan or status with respect to a subscription, membership, account, loan or comparable ongoing commercial relationshipcomparable ongoing commercial relationship

providing information related to an employment relationship or a related providing information related to an employment relationship or a related benefit planbenefit plan

Television and sound broadcasting programmesTelevision and sound broadcasting programmes

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Phased CommencementPhased Commencement Phase I – with effect from 1 June 2007 Phase I – with effect from 1 June 2007

Use of unscrupulous techniques to send out a large quantity of Use of unscrupulous techniques to send out a large quantity of commercial electronic messages (Part 3 of UEMO)commercial electronic messages (Part 3 of UEMO)

Fraud and other illicit activities related to the sending of multiple Fraud and other illicit activities related to the sending of multiple commercial electronic messages. (Part 4 of UEMO)commercial electronic messages. (Part 4 of UEMO)

Phase II – around end-2007 (to be announced in Gazette)Phase II – around end-2007 (to be announced in Gazette) ““Opt-out” regime (Part 2 of UEMO) and other supporting Opt-out” regime (Part 2 of UEMO) and other supporting

provisions;provisions; Reasons:Reasons:

Time to set up ‘Do-Not-Call’ RegistersTime to set up ‘Do-Not-Call’ Registers Further discussions with industry on regulations and codes of practiceFurther discussions with industry on regulations and codes of practice Time for businesses to revise and update their information systems and Time for businesses to revise and update their information systems and

practicespractices

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Phase I (Effective from 1 June 2007)Phase I (Effective from 1 June 2007) Prohibition of using unscrupulous techniques to send out large volume of Prohibition of using unscrupulous techniques to send out large volume of

commercial electronic messages (to be enforced by OFTA)commercial electronic messages (to be enforced by OFTA) Supply, acquisition or use of electronic address harvesting software or Supply, acquisition or use of electronic address harvesting software or

harvested-address lists for sending commercial electronic messages harvested-address lists for sending commercial electronic messages without the consent of the recipientswithout the consent of the recipients

‘‘Dictionary attacks’ or ‘brute-force attacks’Dictionary attacks’ or ‘brute-force attacks’ Use of scripts or other automated means to register for 5 or more e-mail aUse of scripts or other automated means to register for 5 or more e-mail a

ddressesddresses Relay or re-transmission of multiple commercial electronic messages.Relay or re-transmission of multiple commercial electronic messages.

PenaltyPenalty Upon summary conviction – fine up to HK$100,000 and imprisonment up Upon summary conviction – fine up to HK$100,000 and imprisonment up

to 2 years (no imprisonment terms for offences relating to address to 2 years (no imprisonment terms for offences relating to address harvesting)harvesting)

Upon conviction on indictment – fine up to HK$1 million and Upon conviction on indictment – fine up to HK$1 million and imprisonment up to 5 yearsimprisonment up to 5 years

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Phase I (Effective from 1 June 2007)Phase I (Effective from 1 June 2007) Fraud and other illicit activities related to the sending of multiple Fraud and other illicit activities related to the sending of multiple

commercial electronic messagescommercial electronic messages (to be enforced by the Police)(to be enforced by the Police) Accessing a telecommunications device without authorisation to send Accessing a telecommunications device without authorisation to send

multiple commercial electronic messagesmultiple commercial electronic messages Sending of multiple commercial electronic messages using ‘zombie’ Sending of multiple commercial electronic messages using ‘zombie’

computerscomputers Falsifying header information in multiple commercial electronic Falsifying header information in multiple commercial electronic

messagesmessages Registering for electronic addresses or domain names using Registering for electronic addresses or domain names using

information that falsifies identity of actual registrantsinformation that falsifies identity of actual registrants False representations regarding registrants of electronic addresses or False representations regarding registrants of electronic addresses or

domain namesdomain names

PenaltyPenalty A fine of any amount as determined by the Court and imprisonment up A fine of any amount as determined by the Court and imprisonment up

to 10 years.to 10 years.

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Reporting MechanismReporting Mechanism

Reporting FormsReporting Forms

can be downloaded from or filled in online on OFTcan be downloaded from or filled in online on OFTA’s web site A’s web site www.ofta.govwww.ofta.gov.hk.hk

can be obtained via fax-on-demand service through can be obtained via fax-on-demand service through OFTA’s hotline (2961 6333)OFTA’s hotline (2961 6333)

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Handling of Reports or ComplaintsHandling of Reports or Complaints

OFTA will be first point of contact to receive all reports or OFTA will be first point of contact to receive all reports or complaintscomplaints

Drawing reference to overseas enforcement experience, OFTA Drawing reference to overseas enforcement experience, OFTA will collate and analyse all reports and complaints to identify will collate and analyse all reports and complaints to identify major spammers and adopt a progressive and targeted major spammers and adopt a progressive and targeted approach to take priority actions against those spammersapproach to take priority actions against those spammers

Investigation will commence if collated reports and complaints Investigation will commence if collated reports and complaints have have prima facieprima facie evidence of unscrupulous techniques to send evidence of unscrupulous techniques to send out large volume of commercial electronic messagesout large volume of commercial electronic messages

For cases of suspected “fraud and other illicit activities related For cases of suspected “fraud and other illicit activities related to the sending of multiple commercial electronic messages”, if to the sending of multiple commercial electronic messages”, if there is there is prima facie prima facie evidence after preliminary investigation, evidence after preliminary investigation, OFTA will refer them to the Police for follow upOFTA will refer them to the Police for follow up

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Phase II (Effective towards end-Phase II (Effective towards end-2007)2007)

Senders of commercial electronic message must follow the Senders of commercial electronic message must follow the following rules:following rules: providing accurate sender information including names and providing accurate sender information including names and

contact informationcontact information providing unsubscribe facility and honour such unsubscribe providing unsubscribe facility and honour such unsubscribe

request within 10 working dayrequest within 10 working day not sending commercial electronic message to the electronic not sending commercial electronic message to the electronic

addresses registered in ‘do-not-call’ registers, unless consents have addresses registered in ‘do-not-call’ registers, unless consents have been given by recipientsbeen given by recipients

not sending commercial electronic mail messages with misleading not sending commercial electronic mail messages with misleading subject headingssubject headings

not withholding calling line identification (CLI) information when not withholding calling line identification (CLI) information when sending commercial electronic messages to a telephone numbersending commercial electronic messages to a telephone number

OFTA will set up ‘do-not-call’ registers for pre-recorded voice/vOFTA will set up ‘do-not-call’ registers for pre-recorded voice/video messages, fax messages, and SMS/MMS messagesideo messages, fax messages, and SMS/MMS messages

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Phase II (Effective around end-2007)Phase II (Effective around end-2007)

Telecommunications Authority may issue EnforcemeTelecommunications Authority may issue Enforcement Notices to those who contravened the above rules nt Notices to those who contravened the above rules (in Part 2 of UEMO), requiring them to take steps to r(in Part 2 of UEMO), requiring them to take steps to remedy contraventions within specified timeframesemedy contraventions within specified timeframes

Penalty for non-compliance with Enforcement NoticePenalty for non-compliance with Enforcement Noticess 1st conviction: fine up to HK$100,0001st conviction: fine up to HK$100,000 22ndnd and subsequent conviction: fine up to HK$500,000 and subsequent conviction: fine up to HK$500,000 Continuing offence: further fine of HK$1,000 a dayContinuing offence: further fine of HK$1,000 a day

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Further InformationFurther Information

For more information, frequently asked For more information, frequently asked questions and useful links, please visit questions and useful links, please visit OFTA’s website OFTA’s website wwwwww.ofta.gov.hk.ofta.gov.hk

OFTA hotline: 2961 6333OFTA hotline: 2961 6333