sites” or the transmission of information on committing suicide using hydrogen sulfide, the above-mentioned guidelines and the model conditions were revised in December 2008. Also in January 2008, the Consultation Center for Illegal/Harmful Information Business was established within the Telecommunications Services Association to offer advice and consultation pertaining to illegal/harmful information for business operators, such as providers.

### (2) Measures against nuisance e-mails/ phishing A. Measures against nuisance e-mails

The MIC established the Study Group to Examine Comprehensive Ways to Deal with Nuisance e-Mails in July 2007, and the interim report of the study group was released in December 2007 and the final report in August 2008.

The interim report made recommendations on the revision of the Law on Specified Electronic Mails. Based on the recommendations, the law was revised to include regulations against nuisance e-mails by the opt-in method and was developed in June 2008 and enforced on December 1, 2008.

The final report includes recommendations on the following matters: (1) framework of comprehensive measures against nuisance e-mails, (2) operation and enforcement of laws and regulations by the opt-in method, (3) technological measures, (4) voluntary measures by telecommunications business operators, (5) improvement of PR campaigns and consultation for users, (6) promotion of international collaboration and (7) system for comprehensive measures against nuisance e-mails. Based on these recommendations, the MIC formulated and released the Guidelines concerning Sending Specified Electronic Mails in November 2008.

### B. Measures against phishing

Phishing is illegally obtaining personal information such as addresses, names and bank account numbers by sending an e-mail in the guise of a person with credibility, such as a financial institution, and inducing the recipient to access a false website. Sending an e-mail is one of the main ways of luring users to a phishing site. Since the amended Law on Specified Electronic Mails includes a provision whereby telecommunications operators can refuse the provision of service if a sender sends e-mails from a false e-mail address, it can also be an effective countermeasure against phishing.

## (3) Safe and secure use of mobile phones

### A. Appropriate enforcement and revision of the Law on Prevention of Abusive Use of Cellular Phones

The Law on Identification of Cellular Phone Users by Mobile Operators and Prevention of Abusive Use of Cellular Phones (hereinafter referred to as the Law on Prevention of Abusive Use of Cellular Phones) stipulates the following with regard to countermeasures against the illegal use of cellular phones, such as billing fraud: (1) mobile phone business operators shall be obliged to identify the contractor at the time of concluding a contract or transfer (2) the police chief unit may demand that the mobile phone business operator verify the contractor if a phone is suspected of being used for a crime, (3) renting (with charge) a mobile phone without confirming the name and address of a client and unauthorized transfer of a mobile phone shall be strictly prohibited. The MIC is committed to appropriately enforce the amended law, and two correction orders were issued in FY2008.

In recent years, since cases have emerged where the existing regulations cannot strictly control crimes, such as an increase in cases of rental mobile phones being used for crimes like billing fraud, the said law was partially amended in June 2008 and put into effect on December 1, 2008, together with the revised ordinances. The amended law stipulates that (1) mobile phone business operators shall be obliged to make the confirmation of the customer's identity more imperative at the time of concluding a rental contract and to keep identity verification records in a safe place, (2) the unauthorized transfer of a SIM card shall be subject to penalty and (3) the government shall provide information and take measures to heighten public awareness.

## (4) Protection of personal information in the telecommunications field

### A. Formulation/revision of Guidelines concerning Protection of Personal Information by Telecommunications Business Operators

In 1991, the MIC formulated and enforced the Guidelines concerning Protection of Personal Information by Telecommunications Business Operators in order to protect personal information in the area of telecommunications business. Then, the MIC conducted discussions based on the establishment of the Personal Information Protection Law and full-fledged revisions and additional interpretations were added to the guidelines in August 2004. In October 2005, additional provisions and revised interpretations were made based on the Specified Electronic Mails Law. In September 2007, the interpretation of the guidelines was partially revised in response to the diversification of positioning information.