Regulating unsolicited commercial electronic mail in the  United States and the European Union: challenges and prospects

Oriola, Taiwo Ayodele ORCID: https://orcid.org/0000-0002-6452-9996 2005. Regulating unsolicited commercial electronic mail in the  United States and the European Union: challenges and prospects. Tulane Journal of Technology & Intellectual Property 7 (Spring) , pp. 113-166.

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Abstract

This article examines the legislative response in the United States and the European Union to spam proliferation, and their prospects for a successful antispam campaign. The legal regimes on both sides of the Antlantic try to balance the conflicting interests of spam senders and recepients without much success, to the displeasure of both antispam and prospam campaigners. With both sides employing privacy and free speech rights to rally their cause, maintaining an even balance between the two conflicting interests is nigh impossible, and remains the greatest challenge to both the CAN-SPAM Act and the E-Privacy Directive. The failure of regulation in this respect, the article notes, is symptomatic of the intractable nature of cyberspace, and the obvious limitations of regulatory regime in Internet governance. Using analogous case law, this Article argues that it is unlikely that the U.S. and the European courts would hold accurate header information and labeling provisions unconstitutional or violative of freedom of expression, as canvassed by some observers. This article also highlights the obvious differences between U.S. and E.U antispam regimes, and argues for the combination of an effective and internationally enforceable antispam regime with cutting edge antispam technology to combat the increasing spam menace.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
ISSN:	1533-3531
Last Modified:	17 Oct 2022 09:22
URI:	https://orca.cardiff.ac.uk/id/eprint/2983

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