Institute of Defense of the Consumer and Intellectual Property - INDECOPI
Peru has approved on May 2004 a specific law
"LEY N° 28493" dealing with spam e-mails. The law will be applicable
as soon its regulation will be approved by the Ministry of Transport and
Communication (probably by August 2005). The enforcement authority is the "
Instituto Nacional de Defensa de la Competencia y de Protección de la Propiedad
Intelectual". In the text of the LEY N° 28493 it is written that "
sending unsolicited messages for commercial purposes without the authorization
of the recipient will be illegal, and any violation criminally sanctioned".
The fraudulent aspects of unsolicited messages are currently covered by specific
provisions of the Criminal Code dealing with Delitos informáticos (cyber
crimes), which include manipulation of personal banking data, utilization of
false identity for sending e-mails, and others. In 2002, to better face the new
challenges posed by cyber crimes a Multisectorial Commission was created to
implement the UNGA Resolution 55/63 on "Combating the Criminal Misuse of
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