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The Legislation Behind Spam

June 18th, 2010 Web Hosting

Inboxes around the world are consistently clogged due to the massive amount of spam sent out each day. While spam filters and blockers eliminate a excellent part of unsolicited emails, there are still many that slide through. As a result, the United States, Australia, the United Kingdom and the European community have all enacted different types of spam legislation.

Why is Spam Legislation Necessary?

Spam is said to make up over 65 percent of all email messages sent and received. The overall cost of spam to companies, internet service providers, individuals and email marketers is in the tens of billions of dollars. This cost factors in lost productivity, high bandwidth consumption, boosted storage costs and legal liabilities amongst employees.

Internet service providers suffer from a decrease in bandwidth and storage space and a decline in retention from unsatisfied customers leading to an overall loss of reputation among subscribers. In turn, these factors result in internet service provider operating costs to proliferate, thus increasing prices for the customer.

Furthermore, email marketers that run a legitimate operation must be constantly adjusting their business methods due to ever-changing regulations. Also, their product loses significant value because customers might believe their emails are also spam.

Three Major Pieces of Spam Legislation

There are three primary pieces of spam legislation complex by three different countries. These include:

  • The Controlling the Assault of Non-Solicited Pornography and Marketing Act of  2003 (CAN SPAM) – United States
  • The Privacy and Electronic Communications Regulation 2003 (EC Directive) – United Kingdom
  • The Spam Act of 2003 – Australia

CAN SPAM

CAN SPAM was designed in 2003 to limit the number of email spam messages since more than half of spam correspondence originates in the United States. This legislation forbids companies and individuals from distributing multiple email messages containing fake header in rank, fake identities, sexually-oriented material, address harvesting or hijacking various aspects of a computer system.


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