nicolalugaresilugaresi@jusunitnit

1、Nicola Lugaresilugaresijus.unitn.itUniversity of TrentoEUROPEAN UNION VS SPAM: A LEGAL RESPONSEFirst Conference on Emailand Anti-Spam (CEAS)Mountain View, CA, July30-31, 2004Nicola Lugaresi CEAS 20041Minister Charles Simpson has the power to make you a LEGALLY ORDAINED MINISTER within 48 hours! BE O

2、RDAINED NOW!As a minister, you will be authorized to perform the rites and ceremonies of the church!WEDDINGSMARRY your BROTHER, SISTER, or your BEST FRIEND!FUNERALSA very hard time for you and your familyDont settle for a minister you dont know!BAPTISMSYou can say WELCOME TO THE WORLD! I AM YOUR MIN

3、ISTER AND YOUR UNCLE!FORGIVENESS OF SINSVISIT CORRECTIONAL FACILITIESWANT TO START YOUR OWN CHURCH?After your LEGAL ORDINATION, you may start your own congregation!At this point you must be wondering how much the Certificate costs. Right? Well, lets talk about how much the program is worth. Consider

4、ing the value of becoming a CERTIFIED MINISTER Id say the program is easily worth $100. Since I know how much you want to help others, youre going to receive your Minister Certification for under $100.00. Not even $50.00. You are going to receive the entire life-changing course for only $29.95. Nico

5、la Lugaresi CEAS 20042WHY LAW? Social norms failedMarket failedSelf-regulation failedSelf-help failed (and it isnt unfair to rely on it)Code (has) failed (hasnt it?)Law wants to have its chance to fail how?Lack of jurisdiction and/or international co-operationLack of enforcement Lack of coordination

6、 with other regulatory toolsBad lawsNicola Lugaresi CEAS 20043WHY EU LAW?Practical goal: fight spamEthical goal: protect privacy (and state its relevance)Political goal: not just trail US, lead sometimes Nicola Lugaresi CEAS 20044EU APPROACHOpt-in (prior consent of the subscriber)Soft opt-in (in the

7、 context of a sale; similar products; same company; opportunity to object)Prohibition of disguising or concealing the identity of the senderValid address to which send the request to cease further communicationSufficient protection of legitimate interests of legal persons by Member States (opt-in or

8、 opt-out)Nicola Lugaresi CEAS 20045OTHER TOOLSLabels, but what about jurisdiction and enforcement?Registries, but why an opt-out register (burden, danger)?Spam boxes, but enforcement agencies will follow up?Codes of conduct, but are we dealing with self-regulating guys?Not good for all the spamNicol

9、a Lugaresi CEAS 20046ANTI-SPAM LAW MODELSEU MODELOPT-INShort regulationSimple regulationFirst e-mail outlawedNo burden on the recipientAnalogy with faxes & ACMProtects privacyUS MODELOPT-OUTLong regulationComplicated regulationFirst e-mail allowedBurden on the recipientDiffers from faxes & ACMProtec

10、ts proprietary interestsNicola Lugaresi CEAS 20047SPORT OF SPAMGiudice di pace, Napoli (7-10 June 2004)PrivacyViolates data protection (unfair processing)Invasion of the private sphere: not “Let alone”1000 + 750 to an individualTribunal de Commerce, Paris (5 May 2004)PropertyBreach of contractDamage

11、 the image of the credibility of anti-spam measures5000 + 3000 to Microsoft and AOLNicola Lugaresi CEAS 20048WHAT IS SPAM?“Unsolicited, commercial, bulk, e-mail”? EUUnsolicited (everything before opt-in)Direct marketingSingle e-mailOther unsolicited communications (SMS MMS)USUnopposed (everything af

12、ter opt-out)CommercialMultiple e-mailSpecific to e-mailNicola Lugaresi CEAS 20049KINDS OF SPAM“Borderline” (soft) spamReputable and/or accountable and/or traceable businessComply in case of opt-outOpt-in / opt-out regulations: effectiveProfessional (hard) spamInternet only spam-oriented non-easily t

13、raceable businessDeceive in case of opt-outOpt-in / opt-out regulations: ineffectiveNicola Lugaresi CEAS 200410THE ROLE OF THE LAWDistinguish kinds of spam: different phenomena, different legal responsesReduce the burden on the user (time, software, internalization of research costs)Intervene on the

14、 economic bases of hard spamIsolate the deceptive spam, promoting social awareness: lower the reading ratioHarmonize international approachesCo-ordinate itself with other fields of expertiseNicola Lugaresi CEAS 200411From: Joshua Joshua To: nlugaresispisa.unibo.itDate: 07/31/2004 07:14 AMSubject: Wh

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