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.