1. What is spam? More info...
There are many definitions, but generally, spam refers to unsolicited commercial messages sent via e-mail to advertise products and services, often to large group of recipients, without their prior request or consent. It is also common to find such unsolicited commercial message being sent via mobile messaging platforms. In addition, there is usually no pre-existing relationship between sender and recipient that would legitimise such contact.
2. Why is spam a concern? More info...
Spam imposes storage, transmission and computing costs on Internet, e-mail service providers, and potentially mobile service providers. Recipients of spam have to spend time sifting through and deleting unwanted e-mails. Many feel that such an act is also rude, intrusive and lacks e-mail etiquette. Left unchecked, spam may erode consumer confidence in e-mail and mobile messaging as a medium for communication and commerce.
The amount of spam is on the rise. It has been reported that e-mail spam accounts for more than 73 per cent of overall e-mail traffic worldwide. In Singapore, one out of every three e-mails is spam. It is causing recipients more than S$20 million in lost productivity each year.
3. Why do people send out spam indiscriminately? More info...
For e-mail, the cost of sending bulk e-mail is currently very low. This encourages the indiscriminate use of e-mail to advertise as it is possible to make a profit even if the response rate is very low. According to Vircom, an anti-spam vendor, "most spammers can get started for under US$1,500 and may earn back their initial investment within days" (Why Spammers Spam, May 04). On the other hand, spammers find it easy to evade law enforcement by operating across borders and hiding behind the anonymity of the Internet.
4. What would be considered appropriate electronic marketing?
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Appropriate marketing requires marketers to target their messages and to provide recipients with genuine contact information and a genuine opportunity to have their names removed from future mailings.
The Direct Marketing Association of Singapore has a set of rules to guide marketers on using the e-mail marketing channel responsibly.
5. How does the spammer get my e-mail address or mobile phone number? More info...
The spammer can acquire e-mail addresses or mobile phone numbers through a variety of means. These may include harvesting them from websites or purchasing them from third parties who compile such information. One common means to gather such information is through the use of "dictionary attacks". That’s where spammers use software to generate all the possible combinations of letters, symbols, common names and words in e-mail addresses or phone numbers respectively.
An e-mail spammer can buy a list of e-mail addresses from a list broker, who compiles it by harvesting addresses from Internet websites. If your e-mail address appears in a newsgroup posting, on a website, in a chat room, or in an online services membership directory, it may find its way onto these lists.
6. Is sending spam illegal in Singapore? More info...
Many of the activities associated with the more serious forms of spamming are already illegal in Singapore. For example, it is a criminal offence to engage in e-mail fraud or to obstruct the use of a computer through spamming. Sending spam that contains false or misleading advertising or product claims, or that contains pornography, is also unlawful.
On the other hand, spamming per se is legal provided it complies with the Spam Control legal framework. The law seeks to balance the legitimate interests of businesses that want to advertise through e-mails and mobile messaging, and the interest of recipients who do not want to be swamped daily by spam. It will deter local spammers and clarify the rules for local marketers. It will also give affected persons, for example the Internet Service Providers who are the main victims of e-mail spam, a right of legal recourse against spammers.
7. How can I avoid receiving spam? More info...
There are several practical precautions one can take to reduce the risk of receiving spam.
First, always be careful who you give your e-mail address or mobile phone number to. Whenever you fill out registration forms, surveys or any online documents requesting e-mail addresses or mobile phone numbers, read the privacy policy closely, as it will explain how your details will be used. Pay attention to checked boxes that presume the right to send you details or share your details with its business partners. In general, avoid providing your e-mail address or mobile phone numbers unless you are confident that it would not be used for spamming activities. Opt out of member directories that place your e-mail address or mobile phone numbers online.
Second, establish multiple e-mail addresses for different purposes. When using an unfamiliar website that requires an e-mail address to be posted or posting to a newsgroup, establish a "disposable" e-mail address for that specific purpose.
Third, make use of anti-spam software or spam filtering of your ISP or e-mail service provider.
Finally, avoid using short e-mail addresses that are common or easy to guess.
8. Should I complain or reply to the spammer in order to avoid receiving further spam messages? More info...
You should do that if you are confident that the sender is responsible and trustworthy and will take your request seriously. On the other hand, you should not reply to spam with an obviously false return e-mail address, a misleading subject title, or which advertises illicit material such as pornography or unapproved drugs. Such mails are usually meant to validate or confirm your e-mail address with the spammer, who will proceed to send you more spam even if you said “No”. It’s simple - when in doubt, simply delete spam.
9. Is there any software that can help me to block or screen out spam? More info...
There are some software available in the market, that uses a variety of solutions to control e-mail spam. This can include blacklist/whitelist filtering, spam content guessing, distribution checksum, among other things. However, it should be noted that every software has its limitation. For example, to get around blacklist filters, spammers use "hit-and-run" tactics. To get around whitelist filters, spammers use "fake e-mails" tactics. All solutions also face the risk that legitimate e-mails may be filtered away.
Check out the Software Section for more details.
10. Can I approach my service provider for help? More info...
Yes, most of the major Internet Service Providers in Singapore currently have procedures in place to investigate spam reports and take appropriate action against the spammer. Your service provider may also suggest techniques and software to filter unwanted messages.
11. What recourse do I have against non-compliant spammers?
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If you suffered loss or damages as a result of the transmission of non-compliant spam, you could also seek legal recourse against the spammer. This takes the form of a civil action against the spammer in court.
If successful, the court could grant injunction, damages, and statutory damages. Statutory damages that could be awarded would be up to S$25 per non-compliant spam, up to a maximum of S$1million. If you wish to claim damages beyond S$1million, you could opt for a grant of actual damages instead. In addition, the court can order the spammer to pay for the costs and expenses of the legal proceedings.
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