Mexico's Ministry of Economy has published a decree that amends the Federal Consumer Protection Law. The new law strengthens consumers rights with regard to the publishing and marketing information they want to receive in the course of e-commerce transactions including the creation of a Do-Not-Spam public registry.

On february 4th, 2004, the President of Mexico, by mean of his Ministry of Economy, published a decree that amends the Federal Consumer Protection Law. Said decree, among other modifications, inserts consumers rights and senders (internet language) obligations related to the publishing and marketing information in the course of e-commerce transactions.

This is the first official antecedent of such subject, better known in the web vocabulary as Spam.

Because of the importance of such term on the web and the lack of regulation on Mexican law, we will try to introduce the concept of it in order to explain the importance of said decree.

There is no definition of the word ?Spam? in any english dictionary, considering that it was born in the web. According to the definitions provided on the same web, we could say that Spam is understood as the sending of messages, individually or ?en masse?, to people who did not request it and or would not otherwise choose to receive it.

There is some debate about the source of the term, but the generally accepted version is that it comes from the Monty Python song, "Spam spam spam spam, spam spam spam spam, lovely spam, wonderful spam?" Like the song, spam is an endless repetition of worthless text.

According to the ?doctrine? on the web, list servers that send out mass mailings to people who requested to be on its distribution list, or "opt in/out" mailing lists (depending the regulation in the handling of personal data of the consumers) are NOT considered, SPAM because:

a) the person requested to be on it,
b) the person can sign off at any time, and
c) the sender is clearly identified in the header.

Although, since the first net-abuse newsgroup, many curious forms of Usenet behaviour have been discussed. Of these, spam is the one most universally accepted as 'net-abuse'.

Said decree, in general terms, stablishes:

a.- List servers (with marketing or publishing purposes) are forced to gratuitously inform to any person that solicits if there is any information related to him/her. If there is any of said information, the company must make it available and communicate if it has been shared with third parties, identifying them;

b.- Publishing and marketing information sent will have to include the name, address, telephone number or other wise, the mail address of the sender/ supplier;

c.- OP OUT system: The decree establishes a system which presumes that the individuals in principle do not have disadvantage in forming part of data bases nor that is received information about them and, therefore, it is not required its express consent to be able to do it. The individual will have to show his refusal expressly:

     In this sense Articles 17 and 18 prescribe:

- Recipient´s (consumer according to the law) may demand directly to specifically providers and list servers not to be bothered in its address, work place, e-mail address or any other way, by mean of marketing of products or services, neither publicity;
- Recipient´s, like wise , may demand at any time to such persons that any information related to said recipient must not be communicated to third parties, unless that communication is determined by judicial authority;
- The authority may create a public registry for recipient´s (consumers) that do not wish their personal information to be used for marketing or publishing purposes. Said decision may be either communicated by e-mail or in writing.

d.- It is forbidden for list servers and suppliers to use the information They have for other purposes than marketing and marketing ones.

e.- There will be no need for any official authorization for sending of any messages with marketing or publishing purposes.

f.- The information provided must include clear and sufficient information related to the services being offered.

g.- The violation of said prescriptions may provoke penalties ($480,000.00- $960,000.00 mexican pesos: approximately: USD $44,000-USD $88,000.00).

La información contenida en el presente correo electrónico cumple con las disposiciones establecidas en el Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal de Protección al Consumidor publicado el 4 de febrero del 2004 en el Diario Oficial de la Federación.
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