World War Spam August
2003
US Act could scupper EU anti-spam legislation
It is probably the biggest nuisance facing Internet users
today - and recent developments in the US means that the problem of spam
could get much worse before it improves.
The European Union has attempted to stem the flood of
spam with a 2001 common proposal that is due to be enacted as law in member
states in October, 2003. That Directive, from the Committee on Citizens'
Freedoms and Rights, Justice and Home Affairs, was concerned to enhance
the strength of consumer rights in the face of increased and unwanted
direct e-marketing.
Most significant was its statement that any company wishing
to make use of information collected electronically with other parties
could only do so 'if the subscriber has agreed to this on the basis of
accurate and full information given by the provider' - in other words,
e-marketing could only take place on the basis of an opt-in by consumers.
The Reduction in Distribution of Spam Act, backed by
the chairman of the House Committee on Energy and Commerce, Billy Tauzin,
has taken a different approach, allowing millions of small businesses
to send spam unless a customer explicitly opts out of the service.
There are many welcome aspects to the proposed new legislation,
particularly aimed at fraudulent spammers who typically send out offensive
as well as unwanted email. The Committee noted that unsolicited commercial
email (UCE) 'has led to a decreased level of consumer trust for legitimate
email marketers and decreased willingness of end users to test new advertising
formats, thus affecting potential for all forms of advertising in an already
depressed marketplace.'
At the same time, by emphasising the responsibility of
customers to opt out of direct marketing initiatives (which can
be difficult to do when email address lists are sold on so frequently),
it is unlikely that the current legislation will have an effect on the
current levels of spam. Indeed, according to the Spamhaus Project, it
could have the opposite effect, emphasising the legality of spam for American
companies.
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The UK
All Party Internet Group is to meet US officials this year to attempt
to meet a compromise. As Richard Allan, a member of the Internet
Group has remarked, 'more than 90 per cent of the spam we receive
comes from the US.' A spokesperson for the Spamhaus Project made
a similar point more forcefully: 'Congress must knwo that opt-out
is the status quq; it's opt-out that has caused the spam problem
we have today.'
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