Abstract: An essay on the law regulating bulk email or “SPAM” written in January 2009 for an Internet Law module, whilst studying Computer Science at the University of Southampton. Assesses the functionality of the current law and legal policy regarding unsolicited bulk email or “Spam”, and how should it develop in future. Discusses the severity of the problem, the EU provisions made in the E-Privacy directive, the Information Commissioner’s policy and enforcement powers, the 2 examples of relevant UK case law (Roberts v Media Logistics and Microsoft v McDonald), phishing attacks, other jurisdictions, international cooperation (including “SpotSPAM” and the USA’s “SAFE WEB Act”), and routes to effectively tackle the problem. Criticises the current law and argues that the legal regulation is required but that it should take the form of statutory duties on ISPs to encourage them to adopt various simple counter measures including egress filtering and domain authentication.
Tags: dti, e-privacy directive, ftc, house of lords, information commissioner, internet law, Microsoft v McDonald, personal internet security, phishing, Roberts v Media Logistics, SAFE WEB Act, SPAM, SpotSPAM, unsolicited email