Screenshots

Continuation of the transcript...

ROSLI: They have not been punished adequately.

And whatever punishment we meted, probably is to suspend the short code, not they have any other code, but because we have not suspended… SKM did not suspend the whole company for providing… or continuing to provide the service even they have done the spamming and whatever it is. They have cheated lah in a way by getting unsolicited request for services… unsolicited request.

Because of that they continue to... because the punishment is not hard enough, so they continue to do that. They continue to provide services (in an) unethical (manner), continue to cheat people, you know?

What do we do about the rating? Under your Guideline… can you not please use your phone? Phones are banned for this meeting. You like to do it afterward outside the meeting you can do it. Because I don’t want you to… you know people start calling after if they know about all these. Quite serious issue because we are going to take some actions, make some decisions today. Or at least recommend some decisions to the Minister.

So, well, now as you all have all agreed at your content… But it appears people continue to repeat this offence… and get away with it lah. Very little punishment… it’s not a deterrent punishment.

Now you have to decide, the Telcos… of course you will get more SMS, more requests for services you make more money.

The issue is whether you want to make money the honest way, or you want to cheat people and the government? You have to ask yourselves. Because the public also complained, because they know that they don’t ask for the service but they have been charged and all those things.

So we have to do something, And the Ministry, I think, have concurred with the public (that) we have to do something, so that the whole thing will stop. I think you all have the means to do it lah because you are the people who provide the services…. For example the Telcos, people use your network to provide the service; the content providers also same, a kind of content service… how do you solicit the information, or services from the public? So these are all in the Guideline. I don’t want to discuss the details in the Guideline so you know the details.

Issue No. 1… whether we can take any hard punishment against those who create offence? Or who repeatedly create offence?

The first one, I think, who create offence we have SKM suspend their short code.

Issue No. 2 … because there is a first warning lah… to me the second offender, should be banned instead of being suspended from service. If you ask my feelings lah, although some may not agree with me lah, you know, you may not agree because you say you know… of course it’s proven guilty lah, if not proven you can’t do anything isn’t it? But unfortunately we do not have… you see Guideline is not good enough to mete a very kind of severe punishment. A Guideline is just understanding between you. So, any punishment done by SKMM (MCMC), it has to be, what you called, that has to be backed by the law. In this country we don’t have anti-spamming law yet.

But of course we will see some other ways, because of the time factor and all that, to create the law it takes some time.

We can also do by Ministerial Declaration. We can advise the Minister, to see what kind of punishment he could mete out to those who… who are offensive lah, whether they are first-timer or repeated offenders. And we will try to recommend to the Minister what kind of action. That’s No. 1.

The second issue… so the long term we have to create anti-spamming law.

The second issue… there is the allegation that the company by the name of what? Mac… Macro Micro Kiosk, Micro Kiosk? Macro Kiosk will be appointed by Maxis, Telekom and I don’t know who else, may DiGi also I’m so sure lah… to monitor all the entry’s spamming sort of thing, is that correct, to monitor them?… the Preventive System.

'UPHOLD INTEGRITY, UPHOLD MORALITY'

I was told that, if I am wrong you let me knowlah, this Macro Kiosk is a repeated offender on these things. Whether it’s proven or not you have to ask SKM to let us know. But the last week I asked SKM they told me they are repeated offender. That means they… if they are repeated offender so what is it? They are already a thief lah.

And then you ask them to do… what you called that, the service? Preventive System. I am sure other service providers may not be happy. On top of that, you just add them for another 10 to 15%, is that right or not, for the service, for this preventive system? Whatever preventive system.

This is what I heard. If I am wrong you let me know. But if are to appoint this company you better think again twice lah. Because my advice is that if you make other service providers not happy, the fellow content providers who are, for example, who are honest people and all that… honestlah because they are not caught yet you see, or are not being caught for this type of work. Appointing, they are able to run the system, I think that’s not right.

You want to appoint you appoint somebody more neutral, some company who are neutral, my advice to youlah… in fair trade business can appoint anybody because they are cheap and all that, but… the ethical thing must uphold, the morality of things you must uphold.

You may be right you can do what you want, what can he do if I want to work with you guys? Of course you can tell me all these things. But I am reminding you that… uphold integrity, uphold morality.

If you are appointing somebody who is already.. you know… is like that, the behaviour is not correct, then you appoint him even though he may give you good pricing and all that, I think it’s not right.

Something you got to uphold. There’s something principal you got to follow. You cannot think of ourselves alone and our own interests.

If I am wrong you tell me I am wrong, you know. I just said this I knew it when I discussed with SKMM they said yes, this company is like that, it’s a repeated offender. So I don’t know how you want to appoint this type of company.

So, those are the issues lah. But again content people I hope you will get yourselves registered as soon as possible. I don’t want any content people to come and see me. I want the views will come from the association. Easier. Otherwise, you know, some people come with own interest…

BACKGROUNDER

In SMS Scam ( 4 ), we paraded the 15 CPs who were involved in 22 cases of frauds and SMS scam that took place between June 2006 and April, 2007. Two CPs cited for three cases of flouting the industry Guideline -- namely Nextnation Network Sdn Bhd owned by listed company Nextnation Communication Bhd, and Macro Kiosk Berhad, owned by Goldis of Tan & Tan fame -- were among the Top 5 Premium SMS Revenue Generator for the Celcos. Whereas, the core victims of the SMS scam are the prepaid mobile users, who are not provided with itemised billing to cross-check their prepaid credit.

It was highlighted that during the era of former chairman V. Danabalan, industry regulator MCMC had mooted the idea of revoking the ASP icense of any Content Provider (CP) that has flouted three times of the industry Guideline governing Premium SMS service.

Whereas, under the administration of current MCMC chairman, Dr Halim Shafie, punishment for CPs who breached the third offence was to have the Celco, or the ASP overriding the content service, terminate the Subscription Service agreement with the non-compliant CPs. However, for reasons best know to Dr Halim, even this was not done in due course when the rogue CPs have been identified and names published by non other than MCMC itself.

In SMS Scam ( 5 ), we exposed that Celcos had defied an MCMC instruction issued in January to the cellular operators, and by extension their external CPs, to ( 1 ) implement itemised billing for prepaid customers by March 31, 2007; ( 2 ) implement a Preventive System to stop fraudulent practices, failing which, the Premium SMS Subscription Service shall stop with effect from April 1, 2007 until the issue is resolved.

It was also exposed that that the Celco had deliberately withheld the MCMC's instruction and did not inform the CPs of this instruction until March 14. Subsequently, the CPs got together to appeal their predicament and managed to get MCMC to postpone the suspension of Subscription Services which was to have been implemented from April 1 until the Preventive System is in place, whichever comes first.

Screenshots also exposed the industry disquiet over speculation that Maxis was putting together a proposed Preventive System, which became the Maxis Preventive Gateway (MPG) on May 14, that was to be outsourced to one of the CPs that MCMC has listed as triple non-compliant.

The rumour shook up the CP industry as well as the Ministry of Energy, Water and Communications (KTAK).

Deputy Secretary-General I Rosli decided to make his parting before he retired last week.