face=Verdana>Technological measures have been mooted as an effective response to spam since software creates the problem so software can be deployed to counter the threat. Examples include the use of anonymous e-mailer software to preserve the identity of the ISP and IP addresses and filters and proxy servers to act as an intermediary. However, technical responses to the threat of spam can themselves facilitate the delivery of spam. The Sender Policy Framework is an authentication system that requires e-communications to provide a valid return address. If an address is listed, then the message can be sent to the recipient. However, the system simply requires a valid address and makes no judgment on whether the address is an address of a known spammer.
Another alternative is the imposition of liability on ISPs. ISPs could be co-opted into the enforcement regime by imposing liability on the ISP for permitting their system to be used for spamming activities. It would only be equitable for ISPs to be held liable in the case where the actions of the spammer have been brought to the ISPs attention and the ISP has chosen to ignore it. For example, in certain states in America, it is unlawful to use an ISP’s services to send spam where the spammer violates the ISPs terms and conditions. Indeed, certain states, ISPs will not be liable for the suppression or blocking of messages where the ISP reasonably believes that the英语论文网 【http://www.51lunwen.org】 communications are illegal.
The Organisation for Economic Cooperation and Development has created an international task force to coordinate the fight against spam. Japan, the United States and the EU have all enacted anti-spam legislation. The effectiveness of the American CanSpam Act cannot realistically be assessed since it has only been in operation for 8 months but initial views are not encouraging: the US is still a major spam exporting country. The European regime similarly fails to address the extra-territorial dimension of spam since the regime only applies to EU spam. Therefore, an international convention is required since most spam originates from outside the big trading blocs. Any attempt to reduce the number of ‘safe havens’ for spammers is welcome.
Topic Activities
Activity 1 (PA) 1hr Can the law really stop SPAM? Discuss.
Further Reading The Law of E-Commerce and the Internet in the UK and Ireland, 2006, Hedley, Cavendish, Ch. 2.
本文来自:英语论文网 【http://www.51lunwen.org】 |