Spam law in Russia

I met Anna Vlasova from Kaspersky labs when I went to Holland for the Spam Symposium earlier this year. She was talking about a new law going into effect this summer, so I asked her for a breakdown. She has allowed me to post her e-mail text here, for all of you to read:

Yes, now we have new version of some law articles (valid from july 2006), but it is not ’spam law’. It regulates advertising process, so it covers only some part of the e-mail spam. But in Russia most of e-mail spam is advertising.

In the latest version of the law, the following points are of crucial importance:

1. The introduction of the concept of ‘advertising distributed via electronic networks’. This means that the law applies to advertising sent via email, and spam which is of an advertising nature will be covered by this law. The word ’spam’ itself is not used in the law.

2. The law also legislates the ‘opt-in’ principle (i.e. preliminary agreement to receive messages, or a subscription to messages).

3. It is assumed that an agreement to receive such messages does not exist, i.e. the originator of a mailing (for instance, a spammer) will have to show that the user agreed to receive advertising. Otherwise the advertising will be viewed as not in accordance with the law.

4. Automatic mailings are prohibited. It’s true that the law talks about prohibiting the use of tools which work ‘without human participation’. In such cases, it will be difficult to demonstrate that spam is sent fully automatically.

Here is a comment on the new law:
http://www.spamtest.ru/document.html?pubid=183916209&context=9562

and here is text of the new law (article 18 covers ‘advertising distributed via electronic networks): http://www.brandfabrica.ru/law/adv/ In russian the title of Article 18 is ‘’Статья 18. Реклама, распространяемая по сетям электросвязи и размещаемая на почтовых отправлениях .

8 Responses to “Spam law in Russia”

  1. Whatabout Says:

    К чему это? Разве кто-то сейчас пользуется e-mail спамом?

  2. Whatabout Says:

    What sense of this article? Does someone use e-mail spam?

  3. admin Says:

    It’s not a law specifically about e-mail spam. Notice the phrase ‘advertising distributed via electronic networks’. Hmmm, gosh, could that mean webspam is now illegal in Russia?

    Think about it…

  4. rathamahata Says:

    Ann, this law doesn’t speak about email spam at all. I wrote about it here in respond to your post.

  5. admin Says:

    And you got one thing wrong, Sergey. The translation was not done by me. I wrote the introduction, but the rest of the post was written by Anna Vlasova. That’s her analysis.

  6. rathamahata Says:

    So it seems Anna Vlasova misinformed your. Sorry for blaming you on that part.

  7. admin Says:

    I’m not so sure she misinformed me. You see, we have a similar law in Norway. It’s not about e-mail spam per se, but still covers it. I suspect the same is true about this law. Unless fax, cell phone and other technologies are specifically named, to the exclusion of other technologies, then e-mail spam, and even webspam, is included in that language. Remember, I don’t actually read Russian, but from what I know of the Norwegian law, this seems extremely likely.

    I guess you picked a good time to get out of “SEO”, eh?

  8. rathamahata Says:

    Future will show who read law properly - me or Anna Vlasova. Norway law has nothing to do with russian federal low #38.

    About seo.
    It doesn’t matter for me is my activity legal or not by russian or any other law. I am an authentic anarchist. And seo is not an exclusion.

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