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

3. 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’

4. 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

5. 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 caseshttp://legal.web.aol.com/ CURRENT FEDERAL REGULATION IS PIECEMEAL AT BEST

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

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

8. 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

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