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What
Exactly is Spam?
by Matt Bacak
Spam,
as defined in the context of computers,
the Internet and electronic messaging,
is a term used to designate unsolicited
bulk electronic messaging and communication.
In particular, spam is unsolicited bulk
mailings that are commercially oriented.
It is most commonly used in advertising,
but it is also used to perpetrate religious,
political or other types of messages.
Spam is, often times, considered the electronic
equivalent of junk postal mail, telemarketing
or broadcast faxing. Spam got its bad
name and reputation from the advertisement
of ill reputable and questionable products,
such as pornography, pyramid schemes,
fad products, pump-and-dump stocks, etc.
Spam
is delivered via several mediums, to include:
·E-mail messages ·Search
engines ·Instant messaging ·Web
blogs ·Usenet newsgroups ·Text
messaging mobile phones ·Internet
telephony
The
growth of spam is a result of the cost
benefit to initiators, who need only devise
and develop distribution lists. The other
associated costs of spam, such as bandwidth,
message management and loss of productivity,
become the responsibility of recipients
of the messages, ISPs or other public
and private entities.
In
2003, the US passed the Controlling the
Assault of Non-Solicited Pornography and
Marketing (CAN-SPAM) Act of 2003, which
establishes standards for sending commercial
e-mail. More specifically, the act is
intended "to regulate interstate
commerce by imposing limitations and penalties
on the transmission of unsolicited, commercial
electronic mail via the Internet".
The act establishes the Federal Trade
Commission (FTC) as the overseer of its
provisions.
The
act establishes electronic mail as extremely
important in communication since it "provides
an opportunity for the development and
growth of frictionless commerce",
which is being threatened by unsolicited
commercial email. The act establishes
the following as criminal behaviors when
used in connection with foreign or interstate
electronic mail:
·Knowingly
accessing a protected computer without
authorization ·Intentionally deceiving
or misleading the origin of messages ·Falsifying
header information ·Falsifying
registration information for 5 or more
e-mail accounts or 2 or more domain names
·Falsely representing one's self
as the registrant of 5 or more IP addresses
·Obtaining e-mail addresses through
improper means ·Perpetrating fraud,
identity theft, child pornography, obscenity
and the sexual exploitation of children.
Criminal
penalties include a fine and/or imprisonment
for up to 5 years dependent upon: ·The
volume of electronic transmissions ·The
amount of falsified information ·Losses
incurred by others ·Monetary gains
from the act ·Whether the act was
committed in furtherance of an felony
·Prior offenses.
Civil
penalties are dependent upon the jurisdiction
placing the charges and may range from
hundreds of dollars to millions of dollars,
dependent upon the severity of the crimes
and losses involved. Also, property traceable
to proceeds from monetary gains and equipment
used to commit an offense may be forfeited
to the US government.
As
critics of the law argue, the legislation
fails to dictate to marketers and advertisers,
not to spam. In fact, the act does not
make reference to the term, "spam",
except as used in the name, CAN-SPAM.
The act makes reference to the phrase,
commercial electronic mail message, and
defines it to be "any electronic
mail message, the primary purpose of which
is the commercial advertisement or promotion
of a commercial product or service (including
content on an Internet website operated
for a commercial purpose)".
Legislation
is intended to curb practices inherent
in spamming, such as e-mail harvesting,
dictionary attacks and using viruses and
Trojans to perpetrate messages. The act
establishes the following with respect
to commercial electronic mail messages:
- A
message must contain a legitimate return
address.
- A
message must include and specify a method
to opt-out of receiving further messages.
The ability to opt-out must be available
for 30 days.
- The
sender may not initiate messages after
10 days of receipt of an opt-out.
- The
sender may not sell, lease, exchange
or transfer the opt-out e-mail address
to an affiliate.
- The
sender may offer a menu of options that
allow the recipient to either opt-out
or opt-in to future messages.
- A
message must include an identifier that
specifies the message as an advertisement
or solicitation.
- Messages
containing sexually oriented material
must contain clearly identifiable markings
or notices
- A
message must include a valid, physical,
postal address by which the sender may
be contacted.
- The
sender may not send messages to addresses
that were knowingly acquired from proprietary
websites and ISPs, through automated
methods. Particularly, when the site
or ISP provides notice of their refusal
to give, sell or transfer addresses
for the purpose of initiating electronic
mail messages.
- The
sender may not create automated scripting
and other means to gain multiple email
addresses for the purpose of transmitting
illegal messages.
- The
sender may not transmit messages from
a computer or email address obtained
without authorization. *Unlike opt-out
advertising, which allows the recipients
of advertisement to discontinue any
unwanted advertisements from the sender,
opt-in advertising allows the advertiser
to request to have specific advertisement
sent. The recipient may allow or deny
permission to have further advertisement
sent. If allowed, the advertiser immediately
includes that e-mail address to its
distribution list. Another option is,
double opt-in advertising, which is
similar to opt-in advertising except
that once the recipient grants permission
to send advertisements, a confirmation
request is sent to the recipient to
verify that they did, indeed, allow
the permission. The e-mail address is
added to the distribution list only
after the recipient has positively responded
to the confirmation request.
CAN-SPAM
is not intended to provide cause for the
general public to sue spammers, individually
or in class action suits. It is designed
to allow enforcement by the FTC and other
federal agencies for the benefit of the
general public. Individuals remain privy
to the state laws and regulations of their
particular jurisdictions.
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