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First Conference on Email and Anti-Spam (CEAS) Mountain View, CA, July30-31, 2004

Nicola Lugaresi lugaresi@jus.unitn.it University of Trento EUROPEAN UNION VS SPAM: A LEGAL RESPONSE. First Conference on Email and Anti-Spam (CEAS) Mountain View, CA, July30-31, 2004.

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First Conference on Email and Anti-Spam (CEAS) Mountain View, CA, July30-31, 2004

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  1. Nicola Lugaresilugaresi@jus.unitn.itUniversity of TrentoEUROPEAN UNION VS SPAM: A LEGAL RESPONSE First Conference on Email and Anti-Spam (CEAS) Mountain View, CA, July30-31, 2004

  2. Minister Charles Simpson has the power to make you a LEGALLY ORDAINED MINISTER within 48 hours!!!! BE ORDAINED NOW!As a minister, you will be authorized to perform the rites and ceremonies of the church!!WEDDINGSMARRY your BROTHER, SISTER, or your BEST FRIEND!!FUNERALSA very hard time for you and your familyDon't settle for a minister you don't know!!BAPTISMSYou can say "WELCOME TO THE WORLD!!!! I AM YOUR MINISTER AND YOUR UNCLE!!"FORGIVENESS OF SINSVISIT CORRECTIONAL FACILITIESWANT TO START YOUR OWN CHURCH??After your LEGAL ORDINATION, you may start your own congregation!!At this point you must be wondering how much the Certificate costs. Right? Well, let's talk about how much the program is worth. Considering the value of becoming a CERTIFIED MINISTER I'd say the program is easily worth $100. Since I know how much you want to help others, you're going to receive your Minister Certification for under $100.00... Not even $50.00... You are going to receive the entire life-changing course for only $29.95.

  3. WHY LAW? • Social norms failed • Market failed • Self-regulation failed • Self-help failed (and it isn’t unfair to rely on it) • Code (has) failed (hasn’t it?) • Law wants to have its chance to fail … how? • Lack of jurisdiction and/or international co-operation • Lack of enforcement • Lack of coordination with other regulatory tools • Bad laws

  4. WHY EU LAW? Practical goal: fight spam Ethical goal: protect privacy (and state its relevance) Political goal: not just trail US, lead sometimes …

  5. EU APPROACH • Opt-in (prior consent of the subscriber) • Soft opt-in (in the context of a sale; similar products; same company; opportunity to object) • Prohibition of disguising or concealing the identity of the sender • Valid address to which send the request to cease further communication • Sufficient protection of legitimate interests of legal persons by Member States (opt-in or opt-out)

  6. OTHER TOOLS • Labels, but what about jurisdiction and enforcement? • Registries, but why an opt-out register (burden, danger)? • Spam boxes, but enforcement agencies will follow up? • Codes of conduct, but are we dealing with self-regulating guys? • Not good for all the spam…

  7. EU MODEL OPT-IN Short regulation Simple regulation First e-mail outlawed No burden on the recipient Analogy with faxes & ACM Protects privacy US MODEL OPT-OUT Long regulation Complicated regulation First e-mail allowed Burden on the recipient Differs from faxes & ACM Protects proprietary interests ANTI-SPAM LAW MODELS

  8. Giudice di pace, Napoli (7-10 June 2004) Privacy Violates data protection (unfair processing) Invasion of the private sphere: not “Let alone” 1000 € + 750 € to an individual Tribunal de Commerce, Paris (5 May 2004) Property Breach of contract Damage the image of the credibility of anti-spam measures 5000 € + 3000 € to Microsoft and AOL SPORT OF SPAM

  9. EU Unsolicited (everything before opt-in) Direct marketing Single e-mail Other unsolicited communications (SMS – MMS) US Unopposed (everything after opt-out) Commercial Multiple e-mail Specific to e-mail WHAT IS SPAM?“Unsolicited, commercial, bulk, e-mail”?

  10. “Borderline” (soft) spam Reputable and/or accountable and/or traceable business Comply in case of opt-out Opt-in / opt-out regulations: effective Professional (hard) spam Internet only spam-orientednon-easily traceable business Deceive in case of opt-out Opt-in / opt-out regulations: ineffective KINDS OF SPAM

  11. THE ROLE OF THE LAW • Distinguish kinds of spam: different phenomena, different legal responses • Reduce the burden on the user (time, software, internalization of research costs) • Intervene on the economic bases of hard spam • Isolate the deceptive spam, promoting social awareness: lower the reading ratio • Harmonize international approaches • Co-ordinate itself with other fields of expertise

  12. From:  "Joshua" <Joshua@multi-svcs.biz To:  nlugaresi@spisa.unibo.itDate:  07/31/2004 07:14 AMSubject:  Who else wants a smart solutionto s.pam control? chlordane • Better than all other Spam filters -Only Delivers The Email You Want!This is the ultimate solution that is guaranteed to stop all spamwithout losing any of your important email! This system protects you 100%.We didn't believe it either until we actually tried it. So you be the judge and see for yourself.You owe it to yourself to try this program, and forward this email to all of your friends who hate Spam or as many people as possible.Send spam to the trash can : http://mail-svcs.com/default

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