After CAN-SPAM, How States Can Stay Relevant in the Fight Against Unwanted Messages:How a Children\u27s Protection Registry Can be Effective and is Not Preempted, Under the New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003)

The recipe for success to combat unsolicited and unwanted e-mail, otherwise known as spam, has not yet been formulated by the thirty-six states that have tried by enacting their own versions of anti-spam laws. Only two state prosecutions were ever successfully brought against spammers, and only one was able to enforce its law against an out-of-state spammer. Now, on the federal level, with the passing of the CAN-SPAM act, which essentially rehashes what states have attempted to do, the failure to provide any significant measure of national success against spam seems likely. However, a careful reading of the language of CAN-SPAM may provide some leeway for states to continue to experiment with different methods that may ultimately prove to allow for more successful prosecution against spammers. This article examines the laws\u27 various provisions in an attempt to clarify why the various anti-spam laws enacted by the states, and now the federal government, did not bring about the hoped-for results of successful prosecution against spammers. It suggests a new approach to anti-spam law, a Children’s Protection Registry. Instead of taking a general approach, the proposal targets the worst effects of spam. This proposal will circumvent the problems that first-generation spam laws faced and promises more regular and successful enforcement

Spam on the Internet: can it be eradicated or is it here to stay?

A discussion of the rise in unsolicited bulk e-mail, its effect on tertiary education, and some of the methods being used or developed to combat it. Includes an examination of block listing, protocol change, economic and computational solutions, e-mail aliasing, sender warranted e-mail, collaborative filtering, rule-based and statistical solutions, and legislation

Preemption of State Spam Laws by the Federal Can-Spam Act

Unsolicited bulk commercial email is an increasing problem, and though many states have passed laws aimed at curbing its use and abuse, for several years the federal government took no action. In 2003 that changed when Congress passed the CAN-SPAM Act. Though the law contains many different restrictions on spam messages, including some restriction of nearly every type that states had adopted, the Act was widely criticized as weak. Many of the CAN-SPAM Act\u27s provisions are weaker than corresponding provisions of state law, and the Act preempts most state spam laws that would go farther, including two state laws that would have banned all spam. Despite these weaknesses, this Comment argues that when properly interpreted the CAN-SPAM Act leaves key state law provisions in force, and accordingly is stronger than many spam opponents first thought. First, the law explicitly preserves state laws to the extent that they prohibit falsity or deception in any portion of a commercial electronic mail message or information attached thereto. Though Congress was primarily concerned with saving state consumer protection laws, this language can be applied much more broadly. Second, the law is silent on the question of state law enforcement methods. State enforcement can be, and frequently is, substantially stronger than federal enforcement, which is largely limited to actions by the federal government, internet service providers, and state agencies. The Comment concludes by arguing that this narrow interpretation of its preemption clause is most consistent with the CAN-SPAM Act\u27s twin policy goals. By limiting the substantive provisions states may adopt, the Act prevents states from enacting inconsistent laws and enforces a uniform national spam policy. At the same time, narrowly interpreting the preemption clause permits states to experiment within the limits of that policy, in hopes of finding the most effective set of spam regulations

The Cost Impact of Spam Filters: Measuring the Effect of Information System Technologies in Organizations

More than 70% of global e-mail traffic consists of unsolicited and commercial direct marketing, also known as spam. Dealing with spam incurs high costs for organizations, prompting efforts to try to reduce spam-related costs by installing spam filters. Using modern econometric methods to reduce the selection bias of installing a spam filter, we deploy a unique data setting implemented at a German university to measure the costs associated with spam and the costs savings of spam filters. The applied methodological framework can easily be transferred to estimate the effect of other IS technologies (e.g., SAP) implemented in organizations. Our findings indicate that central IT costs are of little relevance since the majority of spam costs stem from employees who spend working time identifying and deleting spam. The working time losses caused by spam are approximately 1,200 minutes per employee per year; these costs could be reduced by roughly 35% through the installation of a spam filter mechanism. The individual efficiency of a spam filter installation depends on the amount of spam that is received and on the level of knowledge about spam.propensity score matching, treatment effects, spam filter, spam