We are writing to voice support for the government's anti-spam initiatives introduced in February. As existing statutory measures were not formulated to tackle spam specifically, the government is left with piecemeal laws that have proven insufficient in taking legal action against spammers. What is needed is a comprehensive approach. The European Union, the United States, South Korea, Japan, Australia and other countries have either enacted anti-spam laws or are in the process of doing so. Appropriate legislation would allow Hong Kong to keep pace with other IT leaders in the region, as well as prevent the city from becoming a refuge for spammers. Such anti-spam legislation should complement existing laws and telecommunications regulatory guidelines. Current spamming issues, such as misuse of subject lines, require effective legal regulation and enforcement. The 'opt-in' option is the right path. To respect a recipient's choice of information, the need to obtain explicit and specific consent to send unsolicited e-mail is the logical conclusion. Because users are not likely to use 'opt-out' features, 'opt-in' features are the way to go. South Korea is the top origin of spam attacks against Hong Kong e-mail servers, accounting for 30.7 per cent of all unsolicited messages, followed by the US at 21.2 per cent, according to Mail Prove. Hence, co-operation with the South Korean and US governments to find a common solution is necessary. In addition to the passing of anti-spam legislation, a voluntary code of practice among internet service providers is equally important. The Hong Kong Internet Service Providers Association issued an Anti-Spam Code of Practice in 2000 and will revise it this year. Government support for the code and adherence by industrial players are necessary for it to make a difference. Although anti-spam legislation is a first step in fighting unsolicited messages, industrywide support and other complimentary measures are equally crucial. Yvonne Chia and Angus Forsyth Partners, Stevenson, Wong & Co
