Key Issues
Spam
Spam has grown to be a major concern for Internet users and policy makers not only congesting networks and disseminating viruses and fraudulent messages, but also undermining trust in the Internet and the digital economy.
Concepts and questions
Is the solution to spam technical or legal?
Spam is a multifaceted phenomenon and, therefore, very complicated to fight. The fight against spam requires immplenting a series of actions on several levels: the effective application of anti-spam law, awareness raising, the development of technical solutions, and strong international cooperation.
There are several different technical measures available. When combined, these measures can provide a “good enough solution” to the spam problem for email users. Coupled with appropriate legislative and legal action, such measures may even help turn the tide against the spammers.
For an overview of some of the technical approaches to spam, see:
For an overview of some of the legislative and policy approaches, see:
Who is involved in fighting spam?
Fighting spam implies a multi-stakeholder approach. The emergence of concrete solutions to combat the causes and the effects of spam depends on the capacity of the private and the public sector to coordinate their efforts. The groups that need to work together include:
- experts from the technical community
- public representatives
- regulatory authorities in charge of the protection of private data and telecommunication networks
- e-merchants, and
- organisations representing Internet users.
On one hand, the cooperation of operational actors is a source of precious knowledge for governments. For instance, understanding emerging technologies intended to curb spam is central to assessing the context and possible outcomes of different international meetings. On the other hand, Internet users and e-merchants need to have a clear definition of what is prohibited (spam) and what is not (legitimate mail).
How to enforce appropriate legislation
To ensure that a law is respected, the first task is to ensure that it is understood. Hence, good communications on existing rules should be the first priority of public authorities.
Adopting the adequate legislation is a necessary step in combating spam. While legislation may not be sufficient, it is the minimum necessary to cope with spam, to define rights and obligations and, thereby, to ensure as much legal certainty as possible.
Two legislative models exist depending on the extent of the Internet user’s consent. The United States has adopted an “opt-out” legislative model. It implies that the mailing activity is based on the permission of the recipient after receiving the electronic message. On the other hand, European legislation is based on an “opt-in” model. This legislation introduces the principle of consent-based marketing for electronic mail (including mobile SMS or MMS messages), and complementary safeguards for consumers.
What is happening at the national level?
Various governments have already launched national policies in order to fight spam. The Australian experience is commonly regarded as one of the most complete public initiatives.
The Australian government’s national effort is multi-faceted, adopting a multi-stakeholder approach that combines appropriate legislation, education, technical solutions, and international cooperation.
- Report on the Australian Spam Act review (PDF: 2.7MB)
- More links to spam laws around the world
- ITU survey on anti-spam legislation worldwide(PDF: 676KB)
What is happening at the international level?
In view of the global nature of spam, international cooperation on enforcement is essential to ensure the effectiveness of anti-spam rules. In other words, it is clearly necessary to trace back spamming activities and prosecute spammers, regardless of national borders.
Ongoing anti-spam efforts are underway in various regions of the world, including the European Union, and should be replicated by similar efforts at the international level, by governments, business and consumers. This international dimension is crucial, since a significant portion of spam comes from outside national borders, often originating from a small number of countries.
At the multilateral level, spam is a subject of concern in various forums.
- The European Commission supports the EU network of national data protection authorities working on the exchange of good practices and has established a contact network of spam enforcement authorities (CNSA).
- The OECD has launched an Anti-spam Toolkit addressing regulatory and policy issues, technical solutions, enforcement concerns, education awareness tools, suggestions for improved cross-border cooperation, industry driven initiatives, and outreach activities.
- At the UN level, the Declaration of the World Summit on the Information Society and the associated Action Plan stress that spam should be dealt with at appropriate national and international levels.
Certain countries have also decided to enter cooperation agreements to facilitate international cooperation. The London Action Plan, an initiative launched by the UK Office of Fair Trade and the US Federal Trade Commission calls upon participating parties to produce their “best efforts” to cooperate with each other on issues such as building evidence, user education, new spamming activities, and training.
ISOC is an Associate Partner in the StopSpamAlliance. This Alliance is an international multi-stakeholder cooperative effort to coordinate international action against spam and related threats to the Internet more effectively by sharing information and resources among participating entities. The StopSpam Alliance is an initiative in line with the WSIS Tunis Agenda, asking members to deal effectively with the significant and growing problem posed by spam. This support includes development of multilateral frameworks for regional and international cooperation, and calls upon all stakeholders to adopt a multi-pronged approach to counter spam, which should include consumer and business education, legislation, law-enforcement, best practices, and international cooperation.
Many more resources about international initiatives to fight spam are available here:
Other initiatives
There are a many other initiatives currently underway involving a range of partners. For example, SpotSpam, a pilot project supported by the European Commission, aims at creating agreements between European public and private entities to gather and use evidence when action is taken against spammers. SpotSpam has announced its wish to merge with national databases that are already operational.
SignalSpam is another example, launched in France as a public-private partnership. It gathers ISPs, e-merchants, and public authorities and enables any Internet user to transfer spam to a special box. The messages are then processed in order to:
- facilitate evidence gathering and exchange of information when legal action is taken against spammers and their beneficiaries
- provide for a supranational source of information to monitor the number of spam complaints and the size of the problem
- discourage potential spammers
- reduce the overall amount of unwanted material sent to users.
In the US, the Federal Trade Commission (FTC) provides a similar service, with its "spam box". Their site also provides resources for individuals, businesses, and media.
What are the next steps?
The fight against spam must take place at several levels and the biggest challenge for public and private entities is to coordinate all the existing actions. It appears that the next steps in the battle against spam could be the following:
- sharing knowledge and best practices at all levels and between all countries
- rationalising the work accomplished at the international level by public and private entities
- stressing the importance of public education and awareness.
