To endure sms spam from taxi services is not long
According to official statistics for 2017, the share of spam in the mail traffic was 57%, of which 12% were letters with malware and viruses.
In this regard, the world community decided to step up its efforts to combat illegal mailings, and Ukraine was no exception.
At the end of March, the Verkhovna Rada registered a draft law # 8186, "On Amending Certain Legislative Acts of Ukraine on Counteracting Spam." Initiators for the project & mdash; people's deputies Bereza B. Yu., Emets LA, Usov K. G. According to the authors, the adoption of such a law will protect citizens from obsessive and undesirable advertising messages.
It should be noted that this is & mdash; not the first attempt to eradicate spam in Ukraine. In the summer of 2017, a similar initiative was already registered in parliament (bill No. 7043), but then the experts recognized this project as superficial, and fines and penalties & nbsp; & mdash; too loyal. As a result, the authors of the document had to withdraw it.
According to the new bill, the category "spam & quot; electronic, text and / or multimedia messages of a commercial nature that without the prior consent of the consumer are sent to his email address or telephone number and from which the consumer can not refuse. & nbsp;
To combat this negative phenomenon, the deputies propose: & nbsp;
- Prohibit the transfer of personal data of subscribers (phone numbers, e-mail) to third parties
- Obliged persons who receive the newsletter to obtain the prior consent of consumers
- Do not allow spam to be sent to the mailing list
- Block spammers
- Impose fines
The size of the fines will depend on the degree of & quot; severity & quot; of what was done.
For example, for the organization of spam mailing, the penalty will be from 500 to 1,000 subsistence minimums (from 850,000 UAH to 1.7 million UAH). Similar penalties threaten the spread of spam, if it led to the disruption of electronic devices (phones, computers, tablets, etc.)
If the mailing was malicious (it provoked a malfunction of computer networks), fines will be much more severe: from 500 to 1000 minimum wages (as of 2018, from 1,861,500 UAH to 3,723,000 UAH). In addition, such actions may entail restriction of liberty to three years.
Within three months after the entry into force of this law, spammers must inform consumers about the subscription. This message & nbsp; will contain a mechanism for rejecting the hyperlink and / or return message to the sender with the word "Stop".
At first glance, the idea of the new law seems to be progressive and timely. But careful study of the project leads to the conclusion that it fights not with spammers, but with telecommunications operators.
Obviously, the new bill does not contain penalties for initiators of mailings, but offers to solve the set task by changing the Law of Ukraine "On Telecommunications", that is, imposing responsibility on telecom providers and mobile operators.
This can hardly be considered fair, since mobile communications & mdash; only one way to transfer information, while the generators of mailings are the suppliers of products and services.
In addition, some provisions of the project are openly & quot; illegal & quot; character. For example, one of the norms of the draft law provides for the obligation to "check the text of the message provided for the mailing, its compliance with the definition of spam and require the customer to send the message in accordance with the law."
It's unclear how the operator can check the content if the telecommunications provider does not have access to the content of messages that are transmitted on its network. & nbsp; In addition, the violation of the secrecy of telephone conversations is not only contrary to Art. 31 of the Constitution of Ukraine, but also is a criminally punishable crime (Article 163 of the Criminal Code).
Another mysterious novel is the norm of the bill, which obliges to contain hyperlinks in the text of SMS messages. The fact is that it is not so easy to fit a hyperlink into a text message. Typically, this will require a whole individual message. That is, the bill, which should deal with extra mailings, generates additional SMS itself. & Nbsp;
World practice of combating spam
In world practice, spam is contested differently. Most of all in this & quot; war & quot; Australia and Germany have succeeded. As leaders in spam mailing in their time, these countries were able to get rid of them completely with the help of harsh sanctions.
For example, in Australia there are special registries "Do not call", where a person enters his number and establishes a ban on all mailings that occur without his