An overview on laws against spamming in India

1. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
An Overview On Laws Against Spamming In
India
MAHALAKSHMI SURESH

2. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SPAMMING
• Spam may be defined as Unsolicited Bulk E-Mail (UBE) or
Unsolicited Commercial E-Mail (UCE).
• UBE – Any email message sent to multiple e-mail addresses
where the recipients have no direct prior relationship to the topic of
the communication.
• UCE – AN UBE with contents which are commercial in nature.
• Contents of UBE and UCE may range from scams, false antivirus
notifications, product sales, offers, adult site membership, illegal
medicines, amazing mortgage deals, etc.
• A person who creates spam is called a spammer.
• The term "spam” arose from Hormel's Spiced Ham product and
derived from a Monty Python sketch set in a movie/TV studio
cafeteria.

3. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The first known history of email spam dates back to 1978 when a
message advertising the availability of a new model of Digital
Equipment Corporation was sent to 393 recipients on ARPANET.
• The first known electronic chain of unwanted junk emails was titled
‘Make Money Fast’ which was released in 1988.
•Till the early 1990s, virtually electronic spamming was ignored in
major States of the world.
•In early 2002, spam presented about 16% of all email sent over the
Internet; by early 2008, spam presents between 87% and 95% of all
email.
•The first major commercial spam incident was when a team of
lawyers started using the bulk Usenet to advertise immigration law
services. This event was commonly termed as the ‘Green Card
Spam’.
•In the wake of widespread criticisms, the lawyers claimed that they
had the right to free speech which included the right to send unwanted
commercial messages.
History of Spamming

4. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Why Spammers Spammed?
 The Spammers transmitted their messages in the millions in the hope
that a some people response. Income is made from actual products
sold, or a percentage commission from products sold. Response rates
and benefit margins are generally low – but so are the costs.
Illustration, with say a $1 per unit profit margin, and only a 0.1%
response rate, a spammer could make $10, 0000 by sending 10 million
email messages.
 The huge amount of messages spammers may send in a day may
add up to a significant income.
The all spammer needs to send spam is the following:-
1. Spamming software. This is inexpensive and easily obtained over
the Internet.
2. An email address list. These can be bought on a CD, or harvested.
3. A financial opportunity there seems to be no deficit of chances for
spammers. Usually spam mails contains product sales, offers,
adult site membership etc.

5. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Why Spammers Spammed?
A spammer has several sneaky ways of getting email addresses.
Here are some of the most prevalent:
Methods used by spammers to get individual e-mail address:-
1. User newsgroup postings
2. User registrations at unscrupulous sites
3. User chat sessions
4. From email lists the spammer buys
5. From spam bots that crawl the web for any @ sign
6. From mailing lists to which users subscribe
7. By harvesting all the email addresses on your company‘s server
8. By randomly generating name combinations for your domain

6. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
How Spamming is done?
There are various methods through which Spamming is done. The
usually used ones are:
i. Rogue ISPs: Spammer with sufficient funds run rogue ISP. This
enables them to use multiple domain names. It receives its own
network numbering and multiple domain names from the Inter
NIC. It is possible to block a domain but not a ISP provider.
ii. On-the-fly’ Spammers: Such type of Spammers, register
themselves as multiple genuine users with different ISPs. They
forge an identity or steal credit cards and use them to establish
identities. They then use these accounts to start spamming. By the
time, the ISP realizes that they are hosting a Spam run, the
Spammer switch to another account.
iii. Blind Relays: Some badly configured servers allow Blind
Relaying i.e. sending messages without authentication. Spam is
routed through such blind relays.

7. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Laws against Spamming in India
Spam legislation is non-existent in India.
Only the Information Technology Act 2000, section 79 and 43a
suggest that an intermediary dealing with personal data has to pay
a compensation, in case it fails to protect the data. As well as,
under section 67 punishment can be imposed if obscene content is
published or transmitted via electronic means.
Section 66A of the IT Act defines the punishment for sending
“offensive” messages through a computer or any other
communication device like a mobile phone or a tablet.
Penalties include fines up to INR 5,00,000. In case of a second or
consecutive conviction, a fine up to INR 10,00,000 and up to 5
years of imprisonment apply.
However, the law is defined very broadly and is only rarely
enforced in email marketing cases.

8. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
There are many reasons for having a comprehensive legislation
on curbing, controlling and penalizing spammers –
• The Delhi High Court acknowledged the absence of appropriate
legislation concerning spam in a recent case wherein Tata Sons
Ltd and its subsidiary Panatone Finwest Ltd filed a suit against
McCoy Infosystems Pvt Ltd for transmission of spam. It was held
that in the absence of statutory protection to check spam mails
on Internet, the traditional tort law principles of trespass to goods
as well as law of nuisance would have to be used.
• With the growing number of Internet users every day and the
increasing proportion of junk e-mail, it is essential that measures
be taken to curb spam before it assumes huge proportions like in
the United States.
Laws against Spamming in India

9. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The Ministry of Information Technology has initiated discussions
to incorporate provisions against spammers. However, the
Ministry is yet to decide whether the punishment against
spammers should be punished out after verifying the nature of
the spam, that is, whether the act of spamming was done
inadvertently or on purpose.
In addition to the above effort, the Indian arm of the Coalition
Against Unsolicited emails has been established to make efforts
to combat the spam menace. However, in the absence of
stringent laws and technical advancements, all the efforts to fight
spam would be tough.
Laws against Spamming in India

10. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Laws against Spamming in India

11. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Suggestion for Anti- Spam
Law in IT Act, 2000
Globally, more than 50% of all e-mail traffic is now spam.
The problem in India is intensifying, at high cost to business and consumers.
50% of all e-mail in World is spam, with a significant 3% of it originating in India
itself, and a further 20-40% from other Asian sources.
An alliance of Internet-related businesses and associations must be formed to
assist consumers and businesses by combating spam in India.
Permission to send a mail to any stranger must be obtain and only one reminder
will be send for such permission
On decline to send the permission it would be presumed that the request has
been turned down and use of the id except self must be strictly prohibited
Spammers use tactics such as to avoid the detection and to encourage
unsuspecting consumers to open spam mail. With every mail detail id of sender
made compulsory so that his identification may be traced
Sending mail containing the false information should be consider as a serious
offence

12. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Suggestion for Anti- Spam
Law in IT Act, 2000
Any vague mail should not to be send to anybody, if any people acted upon the
belief of any mail send to him, he should be compensated keeping in the mind, the
common understanding by the intelligence of common people
Any greedy or tempting mail should not be send to any person by making it an
offence
Discussion and development of industry best practices for commercial e-mail
Evaluation of extent of the spam problem in India through both longer and short
term projects
In India, we can identifying the effectiveness of anti-spam legislation through
wide survey
The sharing of information would help to take a implementation action against
high-volume spammers
Legislation related to anti-spam must apply to companies as well as an individual
who intend to use false subject lines in their Email. Criminal and civil penalties
should be imposed for fraudulent e-mails.

13. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Suggestion for Anti- Spam
Law in IT Act, 2000
Exhaustive assessment should be made to prevent reaping and the use of
“dictionary attacks and prohibitions on the use of scripts to establish large volumes
of e-mail accounts from which to send spam.
To control the spam e-mail government is also making his involvement in a wide
range of actors, including:
1. Developers and suppliers of anti-spam technologies Internet service providers
(ISPs); commercial e-mailers;
2. Various policy departments, regulatory bodies and enforcement agencies of
national governments;
3. Intergovernmental and other international organizations involved in policy co-
ordination and the development of technical standards.
4. Civil society organizations that represent consumer and business interests;
active end users, who monitor and report spam;
Law related to anti-spam should not occupy only entities and individuals whose
products are promoted in spam mail but also others who knowingly help in the
transportation of unlawful spam.

14. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
True effect of SPAM laws
The true effect of SPAM laws
A graphic representation with the leading countries of origin
for SPAM emails as of 2nd quarter 2017 is based on share of
worldwide SPAM volume.
Countries like Vietnam, China and India are the countries with
the most SPAM-bots in the world.
The lack of good anti-virus software and proper ISP filtering
are some of the main reasons for Asia having the worst botnet
infestations.

15. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
True effect of SPAM laws

16. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
AWARENESS SURVEY ANALYSIS

17. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SAMPLE SPAM EMAIL

18. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com