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SPAM: A PROBLEM IN NEED OF FEDERAL LEVEL REGULATION

SPAM: A PROBLEM IN NEED OF FEDERAL LEVEL REGULATION. Linda Nagel Cyberlaw Fall 2002 November 4, 2002. DEFINITION . UNSOLICITED COMMERCIAL E-MAIL SPAM CAN COME FROM: SENDERS WITH NO PRIOR HISTORY WITH RECEIVER – EXAMPLE SOLICITATIONS TO BUY PRODUCTS

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SPAM: A PROBLEM IN NEED OF FEDERAL LEVEL REGULATION

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  1. SPAM: A PROBLEM IN NEED OF FEDERAL LEVEL REGULATION Linda Nagel Cyberlaw Fall 2002 November 4, 2002

  2. DEFINITION • UNSOLICITED COMMERCIAL E-MAIL • SPAM CAN COME FROM: • SENDERS WITH NO PRIOR HISTORY WITH RECEIVER – EXAMPLE SOLICITATIONS TO BUY PRODUCTS • FROM SENDERS WITH PRIOR HISTORY – SOLICITATIONS FROM DELL AFTER YOU BUY A COMPUTER FROM THEM • KEY IS ‘UNWANTED’

  3. SCOPE OF PROBLEM • SPAM COMPRISES 25-50% OF E-MAIL • SOME USERS REPORT AS MUCH AS 85% OF THEIR EMAIL IS SPAM • ANALYSTS BELIEVE SPAM COULD DESTROY EFFECTIVENESS OF E-MAIL IF LEFT UNCHECKED

  4. WHY FEDERAL REGULATION? • NON-LEGAL REGULATION INEFFECTIVE • STATE LEVEL REGULATION INADEQUATE • PRIVATE REMEDIES WORK BUT ARE EXPENSIVE (e.g. CompuServe, Inc. v. Cyber Promotions, Inc.) • SEE http://legal.web.aol.com/ & click on ‘junk email’ for many more cases • CURRENT FEDERAL REGULATION IS PIECEMEAL AT BEST

  5. GOALS OF FEDERAL REGULATION • REDUCE FRAUD • ENSURE NO DECEPTIVE SPAM • SHIFT COST BURDEN • REDUCE LEVEL OF SPAM • IS THIS POSSIBLE?

  6. CHOICES FOR FEDERAL REGULATION • BAN SPAM • REGULATE SPAM • CHARGE A FEE FOR E-MAIL • SOME COMBINATION OF THE THREE?

  7. LEGISLATION UNDER CONSIDERATION • S. 630: CAN SPAM ACT • H.R. 718: ANTI-SPAMMING ACT OF 2001 (IDENTICAL TO H.R. 95) • H.R. 1017: ANTI-SPAMMING ACT OF 2001 • H.R. 3146: NETIZENS PROTECTION ACT OF 2001

  8. CONCLUSION • REMEMBER MONTY PYTHON • LET’S GET SPAM UNDER CONTROL NOW!

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