問1
頻出度★★★
特定電子メールとは，広告や宣伝といった営利目的に送信される電子メールのことである。特定電子メールの送信者の義務となっている事項だけを全て挙げたものはどれか。 a 電子メールの送信拒否を連絡する宛先のメールアドレスなどを明示する。 b 電子メールの送信同意の記録を保管する。 c 電子メールの送信を外部委託せずに自ら行う。
平成25年度 春期 ITパスポート試験 問1
ストラテジ系法務 › セキュリティ関連法規
This question's explanation and your answers so far.
解説
問 1
- ア
正解 The correct answer is ア, “a, b”. The Act on Regulation of Specified Electronic Mail (formally, the Act on Regulation of Transmission of Specified Electronic Mail) regulates email sent for commercial purposes such as advertising or promotion (specified electronic mail) and imposes several obligations on senders. It has two pillars. The first is the opt-in rule: specified electronic mail may be sent only to parties allowed by the Act, such as those who have consented in advance, and to back this up the sender must retain records showing that consent was obtained for a certain period. This corresponds to b. The second is the display obligation: in the body of the email and elsewhere, the sender must clearly indicate the sender's personal or corporate name, the sender's address, and a contact point for complaints and inquiries, and must in addition always show the destination a recipient can use to say “please stop sending” (the email address or URL for notifying refusal to receive). This corresponds to a. The sender's obligations are therefore a and b, so ア, which lists only these two, is correct.
Incorrectイ
a and b are indeed obligations, but including c makes this option wrong. The Act on Regulation of Specified Electronic Mail has no provision stating that “sending must not be outsourced”, and entrusting the delivery of advertising email to a specialist provider is itself permitted. On the contrary, the Act also treats the party that outsources the sending (the sending entruster) as subject to regulation, so that responsibility can extend to that party when the contractor breaks the rules. In other words, what is required is not to stop outsourcing, but to manage the work so that the opt-in and display obligations are observed even when sending is outsourced. Because it includes c, which is not an obligation, it is not a combination that lists only and all of the obligations.
Incorrectウ
a is correct as a display obligation, but this option is wrong on two counts: it includes c, which is not an obligation, and it drops b, which is. The ban on outsourcing described in c is an obligation that does not exist in the Act. Retaining consent records, as in b, is an important obligation that makes it possible to confirm afterwards that the opt-in rule (in principle, mail may be sent only to those who consented in advance) has been observed, so a combination that leaves it out is incomplete.
Incorrectエ
b is correct as the obligation to retain consent records, but this option is wrong on two counts: it includes c, which is not an obligation, and it drops a, which is. Clearly indicating the contact point for refusing receipt, as in a, is the core of the display obligation; it exists so that recipients can opt out (refuse future delivery) at any time, and the sender must always fulfil it. Conversely, the Act does not require senders to do the sending themselves, as c suggests.
ここがポイント
- The sender's obligations under the Act on Regulation of Specified Electronic Mail centre on the opt-in rule (advertising and promotional email may be sent only to parties such as those who consented in advance) together with the obligation to retain the consent records that back it up, and on the display obligation (indicating the sender's personal or corporate name, address, contact point for complaints and inquiries, and the email address or URL for notifying refusal to receive). The Act also prohibits sending mail with falsified sender information and sending mail to fictitious email addresses generated by a program.
- The Act does not prohibit outsourcing the delivery of advertising email to an outside provider. Outsourcing is allowed, and on top of that the party that outsources the sending (the sending entruster) also becomes subject to regulation. Watch out for choices that plausibly slip in obligations the Act does not contain, such as “outsourcing is prohibited”, and keep the substance of the obligations in mind as the two pillars of opt-in and display.
用語