The Anti-Fraud Bill sets up numerous defenses in the digital economy sector, promising to effectively curb fraud in the future. Building on the foundation of the bill, this article outlines several proposals for the development of anti-fraud measures in the digital economy for reference:

 

Scope of Data Preservation and Retrieval

 

The Anti-Fraud Bill requires businesses to preserve a wide variety of data, each with different technical challenges and necessities for storage. Therefore, the retention period for each type of data could be set according to specific needs. Additionally, the government must consider privacy protection when determining the reasonable scope of data retrieval. If further regulations are established in the future, it is believed that investigative units and businesses can better anticipate and balance investigative needs with privacy protection.

 

Legitimate Paths for Immediate Actions

 

The Anti-Fraud Bill stipulates that, to prevent the public from accessing fraudulent websites in a timely manner, relevant authorities can immediately disable the DNS resolution or restrict access to inappropriate domains. However, such immediate actions can indeed impact the freedom of speech, business freedom, or other fundamental rights of domain owners and users. Thus, it is necessary to provide clearer legal pathways for these immediate actions. The purpose of immediate enforcement under the Administrative Execution Act is also to promptly prevent crimes, with more explicit provisions. Therefore, it is suggested that the procedures, remedies, and compensation under the Administrative Execution Act could be followed to incorporate immediate actions into the existing administrative legal framework, providing a stronger legal foundation.

 

Disclosure of Advertisers’ Information

 

Currently, the Anti-Fraud Bill targets "certain large-scale online advertising platforms," requiring them to fulfill certain transparency obligations. However, advertisers—those who commission or finance the advertisements—may place ads not only directly on online advertising platforms but also through advertising agencies. Due to the diverse forms of online ad placement and payment, tracing advertisers can vary in technical difficulty.

 

For example, Real Time Bidding (RTB) is a common method where ad slots are auctioned off by other trading platforms through RTB. Since the bidding and placement of ad slots are completed within milliseconds, with a large volume of transactions, numerous publishers, and different participating platforms, the technical difficulty of tracing each advertiser increases significantly. Therefore, future regulations on advertisers' information disclosure should consider the diversified characteristics of online advertising and its technical challenges to ensure that transparency obligations are both technically feasible and effectively prevent fraudulent advertisements.

 

Source: https://www.ey.gov.tw/Page/9277F759E41CCD91/cdedac72-e512-4f92-8a44-492847bed989

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Editors: Doris Lin, Harvey Huang