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

Nicola LugaresiNicola [email protected]@jus.unitn.it

University of TrentoUniversity of Trento

EUROPEAN UNION VS SPAM: EUROPEAN UNION VS SPAM: A LEGAL RESPONSEA LEGAL RESPONSE

First Conference on EmailFirst Conference on Emailand Anti-Spam (CEAS)and Anti-Spam (CEAS)

Mountain View, CA, July30-31, 2004

mailto:[email protected]

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 FACILITIES

WANT 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.

Nicola Lugaresi CEAS 200Nicola Lugaresi CEAS 20044

33

WHY LAW? 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 Lack of jurisdictionjurisdiction and/or and/or international co-operationinternational co-operation• Lack of Lack of enforcementenforcement • Lack of Lack of coordinationcoordination with other regulatory tools with other regulatory tools• Bad lawsBad laws


44

WHY EU LAW?WHY EU LAW?

Practical goal: fight spam

Ethical goal: protect privacy (and state its relevance)

Political goal: not just trail US, lead sometimes …


55

EU APPROACHEU APPROACH

• Opt-inOpt-in (prior consent of the (prior consent of the subscribersubscriber))• Soft opt-inSoft opt-in (in the (in the contextcontext of a sale; of a sale; similarsimilar products; same products; same

company; opportunity to object)company; opportunity to object)

• Prohibition of Prohibition of disguising or concealingdisguising or concealing the identity of the the identity of the sendersender

• Valid addressValid address to which send the request to cease further to which send the request to cease further communicationcommunication

• Sufficient protection of legitimate interests of Sufficient protection of legitimate interests of legal personslegal persons by by Member States (Member States (opt-in or opt-outopt-in or opt-out))


66

OTHER TOOLSOTHER TOOLS

• LabelsLabels, but what about jurisdiction and enforcement?, but what about jurisdiction and enforcement?• RegistriesRegistries, but why an opt-out register (burden, danger)?, but why an opt-out register (burden, danger)?• Spam boxesSpam boxes, but enforcement agencies will follow up?, but enforcement agencies will follow up?• Codes of conductCodes of conduct, but are we dealing with self-regulating , but are we dealing with self-regulating

guys?guys?

• Not good for all the spam…Not good for all the spam…


77

ANTI-SPAM LAW MODELSANTI-SPAM LAW MODELS

• EU MODELEU MODEL

• OPT-INOPT-IN

• Short regulationShort regulation• Simple regulationSimple regulation• First e-mail outlawedFirst e-mail outlawed• No No burdenburden on the recipient on the recipient• Analogy with faxes & ACMAnalogy with faxes & ACM• Protects Protects privacyprivacy

• US MODELUS MODEL

• OPT-OUTOPT-OUT

• Long regulationLong regulation• Complicated regulationComplicated regulation• First e-mail allowedFirst e-mail allowed• Burden on the recipientBurden on the recipient• Differs from faxes & ACMDiffers from faxes & ACM• Protects proprietary Protects proprietary

interestsinterests


88

SPORT OF SPAMSPORT OF SPAM

• Giudice di pace, Napoli (7-10 Giudice di pace, Napoli (7-10 June 2004)June 2004)

• PrivacyPrivacy• Violates dataViolates data protection protection

(unfair processing)(unfair processing)• Invasion of the private Invasion of the private

sphere: not “sphere: not “Let aloneLet alone””

• 1000 € + 750 € to an 1000 € + 750 € to an individualindividual

• 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


99

WHAT IS SPAM?WHAT IS SPAM?“Unsolicited, commercial, bulk, e-mail”?“Unsolicited, commercial, bulk, e-mail”?

• EUEU

• UnsolicitedUnsolicited (everything (everything before opt-in)before opt-in)

• Direct marketingDirect marketing• SingleSingle e-mail e-mail

• Other unsolicited Other unsolicited communicationscommunications (SMS – (SMS – MMS)MMS)

• USUS

• UnopposedUnopposed (everything after (everything after opt-out)opt-out)

• CommercialCommercial• MultipleMultiple e-mail e-mail

• SpecificSpecific to e-mail to e-mail


1010

KINDS OF SPAMKINDS OF SPAM

• ““Borderline” (soft) spamBorderline” (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-oriented non-easily traceable business

• Deceive in case of opt-out

• Opt-in / opt-out regulations: ineffective


1111

THE ROLE OF THE LAWTHE ROLE OF THE LAW

• DistinguishDistinguish kinds of spam: different phenomena, different legal kinds of spam: different phenomena, different legal responsesresponses

• Reduce the burden on the user (time, software, internalization Reduce the burden on the user (time, software, internalization of research costs)of research costs)

• Intervene on the Intervene on the economic baseseconomic bases of hard spam of hard spam

• IsolateIsolate the the deceptivedeceptive spam, promoting spam, promoting social awarenesssocial awareness: lower : lower the reading ratiothe reading ratio

• HarmonizeHarmonize international international approachesapproaches

• Co-ordinate itself with Co-ordinate itself with other fields of expertiseother fields of expertise

Nicola Lugaresi CEAS 2004

12

From: "Joshua" <[email protected] To: [email protected]: 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

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

Documents

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