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On 20 January 2005, the Executive Yuan ap-proved a draft Act to Regulate Abusive Trans-mission of Commercial Electronic Mails. The main points of the proposed legislation are as follows:
A person or entity that abusively sends e-mails and thereby harms the interests of the recipient will be liable to pay damages in the amount of NT$500 to NT$2,000 per person per e-mail, up to a maximum of NT$20 million.
An advertiser or advertising agent who is aware, or could have ascertained, that the sender of such e-mails is violating the Act will be liable for damages jointly and severally with the sender.
When sending commercial e-mail, the sender must provide a mechanism whereby the re-cipient can opt not to receive further mailings of the same type, and the e-mail subject line must include the notice "commercial," "ad-vertisement," "ADV," or another approved indication. The sender must supply correct header information (i.e. information attached to the e-mail indicating its source, path, des-tination, date of transmission, etc., by which the sender may be identified), and must state the personal name, company name, and busi-ness or residential address of the sender.
The draft explicitly prohibits the following actions by a sender: sending an e-mail in the knowledge that (1) the recipient has opted not to receive commercial e-mails, (2) the subject line of the e-mail includes deceptive or mis-leading statements, or (3) the header informa-tion prior to forwarding is incorrect. Violators of these provisions will be liable to pay com-pensation.
