Etop sp. z o.o. / DataHouse.Pl supports all activities aimed at minimizing and eliminating the phenomenon of sending unsolicited commercial information, commonly known as SPAM.
All mechanisms are implemented in our mail servers to protect against Spam both incoming from outside and outgoing to external recipients.
We use technologies such as:
- Limiting the number of emails over time
- Anti-virus filters
- Controlling SPF records
- Controlling the existence in databases of RBLs (blacklists) as well as RWLs (whitelists)
- Greylisting (delaying)
- Content control based on Bayes filters and/or based on HMM (Hidden Markov Model)
- BombRe security features
- PTR record control
- SMTP authentication
- TLS/SSL encryption
- Local address validation check
- RFC compliance checking
and many others.
Polish law addresses the issue of Spam in the Law on Provision of Electronic Services (Journal of Laws 2002.144.1204) excluding the responsibility of the operator for the transmission of unsolicited commercial information in cases :
"Article 12. 1.No responsibility for transmitted data shall be borne by the one who, transmitting the data:
1) is not the initiator of the transmission,
2) does not select the recipient of the data, and
3) does not delete or modify the data being transmitted.
2.The exclusion of liability referred to in paragraph (1) shall also include the automatic and short-term indirect storage of transmitted data, if this action is solely for the purpose of carrying out the transmission, and the data are not stored for longer than is normally necessary to complete the transmission."
An entity such as an Operator is also exempt from the obligation to check the content sent out by its customers/subscribers:
"Article 15.An entity that provides the services specified in Article 12-14 shall not be obliged to check the data it transmits, stores or makes available, as referred to in Article 12-14."
The aforementioned law also classifies the sending of SPAM as an offense prosecuted at the request of the victim:
"Article 24. 1.Whoever sends unsolicited commercial information by means of electronic communication shall be punished by a fine.
2.Prosecution of the offense referred to in paragraph 1 shall be carried out at the request of the victim.
Article 25.Adjudication in cases of the offenses referred to in Articles 23 and 24 shall be made in accordance with the provisions on proceedings in misdemeanor cases."
Bearing in mind the above legal provisions and the obvious fact that the Operator is not the authority that decides what is and what is not "unsolicited commercial information", it may take action resulting in the restriction of the service of a customer who sends e-mails to external recipients only on the basis of the decision of the authority to which the aggrieved person by the Subscriber has applied, or when the aggrieved person is a Subscriber of the same Operator, and by way of the Agreement with the sending Subscriber there are provisions allowing such action when it threatens other users of the Operator's network.
Despite the above regulations, DataHouse.Pl has a policy of clearly identifying Spam sources, tying individual subscriber machines to a specific IP (or range), which allows other users of the entire Internet to easily filter data from that IP , or report to the RBL system.
We do not accept customer requests to change IPs if the reason is to hit spam blacklists, but we do ask to remove the source of the SPAM, or offer administrative assistance if the SPAM was sent as a result of a third party (e.g. in the case of a Trojan, worm, or hack).
Our statistics, which have been collected for many years, show that more than 70% of SPAM comes not from servers intentionally constructed for this purpose, but from computers/server on which programs have been installed without the owner's knowledge to spread it by exploiting security vulnerabilities. That's why our clients can always count on our advice on security and IT system administration.