The control of unsolicited commercial e-mail, or spam, is currently
a subject of government debate in both the UK and the US. However,
a US lawyer and editor of an on-line legal site has pointed out
that existing US laws already most spam. The same could be true in
UK law.
Although the US Congress is considering the introduction of an
Act of Parliament to make spamming illegal, similar previous
attempts have failed at the federal level and courts have deemed
equivalent state laws illegal.
However, Doug Isenberg of GigaLaw.com observes that the vast
majority of spam is from less-than-reputable sources. Trade mark
law can be used against those who send e-mails with false headers,
suggesting the e-mails come from a different source. This law has
already been used against one sender of spam who used “aol.com” in
the header of 73 million e-mail messages he sent advertising adult
web sites; the judge in the case recommended damages of more than
$1.5 million.
Secondly, Isenberg points out that the content of many spam
messages is commonly the sale of “shoddy goods” or making false
promises, often in contravention of advertising laws.
Finally, many ISPs, both in the UK and the US, expressly
prohibit their users from sending spam.
Isenberg’s argument, which is equally valid in the UK, is that
few legitimate businesses engage in unsolicited commercial bulk
e-mailing; new laws, while they will help, are unlikely to stop the
present spammers. In the UK, the Department of Trade and Industry
recently announced that it planned to shelve plans regulating spam
and leave regulation to the ISPs and the Direct Marketing
Association (DMA). Individuals who do not want to receive
unsolicited e-mail can register with the database of the DMA.
Ethical companies can access the DMA’s database for a $100 annual
fee.
