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자료유형
연구보고서
저자정보
저널정보
한국형사법무정책연구원 형사정책연구원 연구총서 연구총서 05-12
발행연도
2005.12
수록면
9 - 161 (154page)

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초록· 키워드

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'Spam' or 'unsolicited email' is an electronic junk mail sent to a large number of net-participants who do not request it. It contains products and services in which recipients may have no interests. Criminals have been to take an advantage of this tool easily through harmful activities such as 'phishing', 'virus spreading', and 'cyber terrorism'. The unsolicited email without specific control may endanger the network accounability and society.
In the late 1990s the Korean government assembled experts to discuss the new regulations on cyber crime. Several laws have been enacted since then. The most important acts are the Korean Criminal law, the Using and Protecting Communication Act(UPCA), the Communication Privacy Act(UPA), the Intellectual Property Act(IPA), and the Electric Communication Act(ECA) etc.
Main targets of these laws are virus spreading, computer hacking, cyber pornography, intellectual property breaching, private or public information abusing and cyber terrorism. These laws were revised or legislated for the purpose of attacking cyber crimes. The Ministry of Justice and the Ministry of Information and Communication provide several commitments to consider the proper programme to protect private user and public sector from all kinds of cyber crimes.
Among other cybercrimes, spam mail, the unsolicited email is now illegal. It was controversial whether it should be criminally restricted or not. But since 2001 every spammer should reduce their mailing business if the computer user expresses the denial. Still we may consider the next step to reduce the spam mail and spam advertisements on mobile communication. The Korean law regulates only the opt?out methods, but I recommended recently, in my report, to the government to adopt the opt?in method. In the opt?in method, the advertisement provider must ask the customer before sending the messages. It creates us more effective to control the spammer.
Recently the unsolicited email containing commercial information is broadly accepted as an illegal commitment to endangering the network. Some reports say it could cause real damages. For the proper policy on controlling spam we need comprehensive strategy scheme. The law enforcement, communication participant and domestic Internet provider, policy maker, Internet user, and education will be cooperated. With this prevention network we could rebuild the clear and safe network. It must be enhanced the international cooperation. Without the international cooperation, all efforts could be in vain.
For the cooperative relationship, we should share the information. Poor information sharing could hamper the preventive activity in international legal enforcement. Although some countries, particularly in Asian?Pacific area, were found to have addressed a number of this broader information sharing. Few countries were able to demonstrate that adequate legal measures had been taken to ensure that perpetrators of cyber crime would be held accountable for their actions.
Outdated laws and regulations, and weak law enforcement create an environment for the illegal cyber behaviours. Inadequate legal protection of digital information can produce barriers to its exchange. As e?commerce expands globally, the strong and consistent measure for mutual information sharing will be needed. The international conventions and bilateral treaties are going to be prepared in some day.
For mitigating the impact of spam requires :
- govenrments must enhance legislation to prevent spam
- law enforcement agencies could investigate the spammers
- internet service providers(IPSs) must filter all email to remove spam prior to releasing it to recipients' inboxes

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