ANTI-SPAM REGULATION IN JAPAN

Japanese authorities sought to curtail proliferation of spam through the Law on Regulation of Transmission of Specified Electronic Mail (Law No. 26 of April 17, 2002), as amended by Law No. 87 of July 26, 2005 (the “Anti-Spam Law”). The content of this Japanese anti-spam law is similar to the United States CAN-SPAM Act of 2003. Consistent enforcement the Anti-Spam Law and imposition of fines have strongly supported Japan's anti-spam endeavors. Nevertheless, Japan’s residents are still suffering from spam messaging, due to a “loophole” in the Anti-Spam Law, which does not yet regulate spam sent via short message service ("SMS"); and due to other inventions and devices that spammers use to evade the Law, such as sending messages from personal computers that are not easily identifiable.

The following questions have been addressed in this article:

What are the main requirements for a solicitation e-mail not to be considered spam?
What penalties are prescribed by Law for violation of its provisions?
How does Japan address the transmission of spam messages through mobile phones?

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