OPTA imposes sanctions in order to halt cybercrime

Enterprisers must cease illegal advertising on the Internet

The Commission of the Dutch Independent Post and Telecommunications Authority (OPTA) has imposed three conditional penalties on two enterprisers to ensure that they cease distributing unsolicited advertising software via the Internet. This is because the distribution of unsolicited software is prohibited. For each day that these enterprisers persist with the distribution of this so-called malware it will cost them EUR 3,500.00 in the case of each conditional penalty subject to a maximum of EUR 300,000.00 per person. This is the first time that OPTA has taken action against such a form of cybercrime for the purposes of enforcement.

These enterprisers have developed and distributed unsolicited malware through the Internet on a large scale. The software has now been installed on PCs 22 million times, 60,000 times a day on average. They distribute their advertising material with the aid of this illegal software. They also use it to monitor computer users’ surfing habits. These enterprisers are also the subject of an investigation for the purposes of imposing a fine, which is expected to be completed by the end of the year. Despite the fact that these enterprisers are aware of this investigation, they are continuing to upgrade and distribute their malware. It is necessary for OPTA to impose these conditional penalties in order to halt these activities as soon as possible.

Contravention of the Telecommunications Act

The Universal Service and End User Decree [Besluit universele dienstverlening en eindgebruikers], which is based on the Telecommunications Act [Telecommunicatiewet], stipulates that users of Internet services must be clearly and accurately informed about the purpose of any software that is to be installed. In addition, a sufficiently recognisable option must be presented for them to decline installation. These enterprisers failed to comply with these provisions.

Growing problem

A growing number of Internet users are being troubled by malware. According to research conducted by Webroot, the average consumer PC contains 25 malware programs. The Netherlands is the largest distributor of malware after the United States and Poland. Our country has a superior data transmission infrastructure and its penetration of broadband Internet connections is high.

Combating the distribution of malware is a priority for OPTA. Apart from this, consumers can prevent unwanted installations by obtaining anti-malware filters.

Malware

Malware is a collective term for software such as viruses, adware (advertising software) and spyware (software which spies on you). Malware is installed on a computer without the user noticing this and it then collects information about him.

The aim is to use the information which is obtained for advertising purposes, to record details of your surfing habits or to use it for criminal activity such as identity fraud. Such undesirable software can slow down your PC significantly. Users can also be inundated with so-called pop-up windows. This software represents a serious invasion of consumers’ privacy, because it is not clear whether it is active, what information is revealed, and what happens to it. Ordinary computer users are virtually unable to detect malware themselves and professional technical assistance is almost always required to remove it.

Note for the editor (not intended for publication)

Because the investigation for the purposes of imposing a fine is still ongoing, OPTA does not wish to make any further announcement about these sanctions. The names of the relevant enterprisers and software are not being disclosed for this reason.