Cyber Law: 'Spamming' on the Internet

Internet users are worldwide facing the rising issue of getting "junk" e-mails messages advertising a variety of goods or services from senders that they had never contacted, or solicited. This growing day-by-day phenomenon is called "spamming".

Spamming is the act of electronically sending Unsolicited Commercial Messages (UCM), sometimes repetitively, mostly for advertising purposes to a huge number of people (recipients) on the Web at very tiny costs for the sender (spammer), since transmission of the spam message occurs within seconds and spammer is only charged the Internet connection costs.

It is quite simple for the spammer to obtain recipients e-mail addresses on the Internet public space by using specific searching software targeting and stealing mailing lists already existing on discussion forums or elsewhere on the Net, or by purchasing CDs available on the Net containing huge numbers of e-mail addresses, or even on any accessible directories.

It's also quite easy to spam since a spammer needs only an e-mail account, a computer and a dial-up connection for massively sending hundred of thousands of unsolicited commercial messages to its "victims", who shall bear the costs that the spammer did not accept to bear himself ("cost-shifting") leading to slowing the traffic on the IT network, and to the congestion of the recipients e-mail box with unnecessary or futile messages ensuing the recipient struggle to access to its own mailbox and still paying for the wasted time consumed for legitimately attempting to gain access to its mailbox, and deleting such messages.

The EU Commission recently published that Internet users in Europe are unknowingly paying 10-million euros per year only in connection charges for getting spam. Once we know that 30 per cent on average of the total e-mails sent per day is UCMs, we may figure out the huge pecuniary loss for the Internet users.

Spamming causes also considerable damages to the Internet Service Provider (ISP) who innocently conveys the unsolicited messages and suffers accordingly a major breakdown of its servers as a result of conveying massive unsolicited e-mails.

Indeed, small or middle size ISPs cannot tackle sending bulk e-mails, as they need sophisticated IT tools capable of overcoming this issue (such as bandwidth of high capacity).

It should be pointed out that bandwidth constitutes an important part of ISPs budget, and is usually increased with the ISPs subscribers increase.
Unsolicited e-mails

These unsolicited e-mails are prejudicing businesses and individuals, and should be accordingly legally prohibited or at least restricted by means of implementing specific rules in line with the international "Net etiquette" combined with the emergent European and international legislation tackling this paramount concern.

Furthermore, spamming is in violation of the regulation related to "protection of personnel data" since e-mail addresses are "personal data" entitled to protection as such.

What are the possible responses to address this issue?

To get your e-mails filtered by your ISP could be a solution, however it has been proven that filtering is consuming the ISP precious "CPU time" and huge amount of bandwidth (transfer data capacity).

Therefore filtering is expensive to both the ISP and the Internet user as the ISP will pass on to its user such costs in the form of higher access rates.

Moreover, spammers have adapted to filtering by using software enabling them to forge the header or subject line of their e-mail as to disguise the origin of their message, and succeed in not being caught by the filtering system.

Other systems have been proposed to tackle this growing problem: the "opt-out" and the "opt-in" systems.

The opt-out system allow the advertiser on the Internet to send unsolicited commercial message to Internet users provided that they place at the bottom of the message the "remove" or "unsubscribe" formula enabling the recipient to express his opposition to receiving any further UCM from this advertiser.

We may figure out the inefficiency of such system, as it doesn't prevent spammers from sending the first UCM and moreover spammers are potentially counted in millions.

In the opt-in system, the advertiser can send unsolicited commercial messages only to Internet users who have expressed their prior acceptance to receive such unsolicited commercial messages; which suppose putting in place opt-in registers. Austria, Italy, Germany, Finland and Denmark have already opted for the opt-in system.

The European regulation, after vacillating since 1997 between both systems, has finally adopted the opt-in system following the EU Parliament and Council Position of May 30, 2002 confirmed by the EU Commission on June 17, 2002 regarding the EU Directive for "personal data and protection of privacy in electronic communications sector".

Now, the EU states have no other alternative than adjust their regulation as to halt spammers from sending their UCM to Internet customers who has expressed their opposition to receiving such messages.

European, U.S. and Canadian courts have already started to penalise spammers on the ground of breach of contract or of the ISP Terms of Services (prohibiting spamming), and/or violating the Net etiquette rules, which are today the reference and the frame for the peaceable and harmonious development of the Internet, and the right of each Internet user to serenely enjoy working or surfing on the Net.

With the fast growing development of the Internet in the UAE, it is recommended that the UAE regulation contributes in preventing spamming by also joining the international regulation and adopting as a result the opt-in system.

If you receive spam, do not:
* Reply to such message as it will validate your e-mail address, and you will therefore probably receive more spam.

* Flood the sender e-mail address in revenge, as probably the spammer has used different routings disguising the origin of its UCM, and accordingly you will flood innocent third parties systems that have conveyed the message to you, without counting that you will be yourself a spammer as well.