|
|
|
 论文编号：
org200806160942349785 |
| 论文属性：
assignment guidelines |
| 论文语言：English |
| 论文国家：U.K. |
| 登出日期： 2008-06-16 |
| 字数： 4000 |
| 源程序：
无 |
| 价格：
免费论文 |
| 参考相关附件： |
|
|
| 论文大纲，目录 |
| 关键词搜索：E-commerce Intellectual Properrty SPAM |
A plethora of examples abound as to the difficulties that could arise from the phrase. Increasing company diversification accentuates this problem. Supermarkets are now selling insurance, credit cards, clothes and electrical goods alongside more traditional foodstuffs. It is unlikely that supermarkets would be able to send e-mails regarding life assurance to existing customers where they only buy groceries, but once the customer has bought pet insurance, this is a financial service and therefore could entitle the company to send an e-mail to that customer regarding credit cards. The alternative, more pessimistic view is that the consumer knows that the supermarket sells non-food items and as such is entitled to send the customer information about these products. The major difficulty with this provision is the potential for mission creep, that is the greater the diversity of goods a customer buys from a company, the more e-mails the company is able to send to the customer. The customer’s ability to exercise his right to stop e-mails may become more onerous and more complicated. The customer may wish to continue to receive e-mails regarding grocery offers, special deals on CDs and DVDs but not wish to receive information on higher priced goods such as Televisions. Thus, the customer may have to personalise his opt-out response. The customer must either send an e-mail listing the types of goods he would not like to receive information about or visit the company’s website and tic英语论文网 【http://www.51lunwen.org】k a number of boxes which outline the type of goods he is not interested in. Such detailed requirements could render the right to privacy nugatory. The adoption of a soft opt-in regime by the United Kingdom government is in direct conflict with the explicit terms of the Directive. It remains to be seen whether the system will survive. The system could be challenged in a number of ways. Aggrieved individuals may indirectly challenge the British regulations by bringing a case in a British court and requesting that court to seek clarification of the legality of the British approach through an Article 234 EC preliminary ruling procedure. Alternatively, another member State of the European Union or the European Commission could bring a case before the European Court of Justice alleging a failure to fulfil the obligations of the EC Treaty.
The enforcement provisions of the Regulations offer a twin-pronged strategy. Firstly, aggrieved individuals can bring a court action for damages and secondly the Information Commissioner can serve an enforcement order on a person that contravenes or has contravened the Regulations. A number of concerns can be raised with regard to the effectiveness of these remedies. Firstly, individuals affected by spam may be reluctant to commence a court action. The individual may consider court action to be costly and time-consuming. If the alleged spammer
本文来自：英语论文网 【http://www.51lunwen.org】 |
| 第1页 第2页 第3页 第4页 第5页 第6页 第7页 第8页 第9页 |
|
|
| 最新论文 |
最热门论文 |
|
|
|
