ISPreview - Why E-Mail SPAM Laws Fail

ISP Review investigates why new laws against SPAM aren't working

Why E-Mail SPAM Laws Fail
By Mark Jackson : January 8th - 2002 : Page 2 of 3

"Web-robots can sweep literally any website on the Internet and collect all E-Mail addresses listed to the public"


It's somewhat similar to the junk Snail-Mail letters we all get through the post, only E-Mail addresses are instant and so much easier to deal with and find. Your houses address is similar to a long code, where as an E-Mail is a small unprotected line.

How does it (SPAM) find me?

There are numerous ways in which you can open yourself up to SPAM, three of the most common are as follows:

1) Publishing your E-Mail address on a website in any way, shape or form:

Web-robots can sweep literally any website on the Internet and collect all E-Mail addresses listed to the public, or only those that contain specific names or words (commercial reasons). ANY E-Mail in public view will eventually be found.

2) Using a Free E-Mail service (Hotmail etc.):

Free E-Mail services often have clauses in their Terms & Conditions that'd allow your E-Mail to be publicly viewed (See No.1) or sent to a third party. These are often compulsory and not so obvious; Hotmail users will often find themselves a victim of SPAM for similar reasons.

3) Neglecting to tick/not ticking the box under a standard Internet form that relates to passing your E-Mail information on to third party groups and companies:

Almost literally any online signup form, such as for a new bank account, will have a small area related to spreading your personal information (usually just your E-Mail & Name). These will normally be typed in the smallest text/font allowed and contain a box for ticking right at the bottom of the form.

The default option usually allows the group concerned to pass your information on to a third part and this is often where SPAM starts. Normally you'd just tick the box to say no, which is familiar to most; however some groups word it so you'll have to UN-TICK the box to say no.

What's the law?

During the summer of 2001 the European Union seemed to be starting a crusade against SPAM, in the hope of having it completed banned by the end of the year. Sadly a complete ban was ruled out, mostly because it wouldn't have been feasible to police and because the commercial world was leaning on them.

It then came down to two choices:-

1) Opt-In:

Junk/SPAM E-Mail would only be legal if it were authorized by the owner of the E-Mail account, which is almost effectively a ban and would've been better for everybody.

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