The quest for model spam law Spam presents a significant challenge to users, Internet service providers, states, and legal systems worldwide, says cybersecurity experts. The costs of spam are significant and growing, and the increasing volume of spam threatens to destroy the utility of electronic mail communications.
Spam uniquely challenges regulation because it easily transverses borders. The sender of a message, the server that transmits it, and the recipient who reads it may be located in three different states, all of which are under unique legal governance. If spam laws are not aligned in these states, enforcement will suffer because the very differences between spam laws may mean that a violation in one state is a permissible action in another. Moreover, spammers have an incentive to locate operations in places with less regulation, and the opportunity to states to create a domestic spam hosting market may engage them in a race to the bottom.
This was reported by David E. Abrams, Derek E. Bambauer and John G. Palfrey, Jr. in their paper presented at the WSIS Thematic Meeting on Cybersecurity, Geneva, 28 June 1 July 2005.
The complete paper can be read < link http://www.itu.int/osg/spu/cybersecurity//docs/Background_Paper_Comparative_Analysis_of_Spam_Laws.pdf here>.
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