Spam (electronic) - Political Issues

Political Issues

Spamming remains a hot discussion topic. In 2004, the seized Porsche of an indicted spammer was advertised on the Internet; this revealed the extent of the financial rewards available to those who are willing to commit duplicitous acts online. However, some of the possible means used to stop spamming may lead to other side effects, such as increased government control over the Internet, loss of privacy, barriers to free expression, and the commercialization of e-mail.

One of the chief values favored by many long-time Internet users and experts, as well as by many members of the public, is the free exchange of ideas. Many have valued the relative anarchy of the Internet, and bridle at the idea of restrictions placed upon it. A common refrain from spam-fighters is that spamming itself abridges the historical freedom of the Internet, by attempting to force users to carry the costs of material which they would not choose.

An ongoing concern expressed by parties such as the Electronic Frontier Foundation and the American Civil Liberties Union has to do with so-called "stealth blocking", a term for ISPs employing aggressive spam blocking without their users' knowledge. These groups' concern is that ISPs or technicians seeking to reduce spam-related costs may select tools which (either through error or design) also block non-spam e-mail from sites seen as "spam-friendly". Spam Prevention Early Warning System (SPEWS) is a common target of these criticisms. Few object to the existence of these tools; it is their use in filtering the mail of users who are not informed of their use which draws fire.

Some see spam-blocking tools as a threat to free expression—and laws against spamming as an untoward precedent for regulation or taxation of e-mail and the Internet at large. Even though it is possible in some jurisdictions to treat some spam as unlawful merely by applying existing laws against trespass and conversion, some laws specifically targeting spam have been proposed. In 2004, United States passed the CAN-SPAM Act of 2003 which provided ISPs with tools to combat spam. This act allowed Yahoo! to successfully sue Eric Head, reportedly one of the biggest spammers in the world, who settled the lawsuit for several thousand U.S. dollars in June 2004. But the law is criticized by many for not being effective enough. Indeed, the law was supported by some spammers and organizations which support spamming, and opposed by many in the anti-spam community. Examples of effective anti-abuse laws that respect free speech rights include those in the U.S. against unsolicited faxes and phone calls, and those in Australia and a few U.S. states against spam.

In November 2004, Lycos Europe released a screen saver called make LOVE not SPAM which made Distributed Denial of Service attacks on the spammers themselves. It met with a large amount of controversy and the initiative ended in December 2004.

Anti-spam policies may also be a form of disguised censorship, a way to ban access or reference to questioning alternative forums or blogs by an institution. This form of occult censorship is mainly used by private companies when they can not muzzle criticism by legal ways.