Spam

What Is the Problem?

Unsolicited, mass e-mail:

• •is cheap to senders but may impose costs on the recipient’s time and/or the recipient’s online account.
• •may contain objectionable content (political, commercial ads, solicitations for funds, pornography, etc.).
• •may contain a disguised return address.
• •may pass through filters.
• •invades privacy.
• •creates a financial and managerial burden on ISPs.

Cases and Free Speech Issues:

AOL v. Cyber Promotions

• •AOL and other service providers have successfully sued spammers because of the cost burden imposed.

Disgruntled Intel Employee

• •Initially, a court ruled that non-commercial spam to Intel employees at their Intel e-mail accounts was a form of trespass.

• •The CA Supreme Court ruled that it was not.

Solutions:

• •Technology: filters that screen out spam.
• •Market Pressure: services that list spammers.
• •Business Policy: at the discretion of the recipient, all e-mail would be charged a microfee.
• •Law: create restrictions that are consistent with the First Amendment.
• •Vigilantism: punish spammers by hacking into their phone or computer systems.