spam, as defined in the context of computers, the Internet and electronic messaging, is a term used to designate unsolicited bulk electronic messaging and communication. In particular, spam is unsolicited bulk mailings that are commercially oriented. It is most commonly used in advertising, but it is also used to perpetrate religious, political or other types of messages. Spam is, often times, considered the electronic equivalent of junk postal mail, telemarketing or broadcast faxing. spam got its bad name and reputation from the advertisement of ill reputable and questionable products, such as pornography, pyramid schemes, fad products, pump-and-dump stocks, etc.
spam is delivered via several mediums, to include:
E-mail messages
Search engines
Instant messaging
Web blogs
Usenet newsgroups
Text messaging mobile phones
Internet telephony
The growth of spam is a result of the cost benefit to initiators, who need only devise and develop distribution lists. The other associated costs of spam, such as bandwidth, message management and loss of productivity, become the responsibility of recipients of the messages, ISPs or other public and private entities.
In 2003, the US passed the Controlling the Assault of Non-Solicited Pornography and marketing (CAN-spam) Act of 2003, which establishes standards for sending commercial e-mail. More specifically, the act is intended "to regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited, commercial electronic mail via the Internet". The act establishes the Federal Trade Commission (FTC) as the overseer of its provisions.
The act establishes electronic mail as extremely important in communication since it "provides an opportunity for the development and growth of frictionless commerce", which is being threatened by unsolicited commercial email. The act establishes the following as criminal behaviors when used in connection with foreign or interstate electronic mail:
Knowingly accessing a protected computer without authorization
Intentionally deceiving or misleading the origin of messages
Falsifying header information
Falsifying registration information for 5 or more e-mail accounts or 2 or more Domain Names
Falsely representing one's self as the registrant of 5 or more IP addresses
Obtaining e-mail addresses through improper means
Perpetrating fraud, identity theft, child pornography, obscenity and the sexual exploitation of children.
Criminal penalties include a fine and/or imprisonment for up to 5 years dependent upon:
The volume of electronic transmissions
The amount of falsified information
Losses incurred by others
Monetary gains from the act
Whether the act was committed in furtherance of an felony
Prior offenses.
Civil penalties are dependent upon the jurisdiction placing the charges and may range from hundreds of dollars to millions of dollars, dependent upon the severity of the crimes and losses involved. Also, property traceable to proceeds from monetary gains and equipment used to commit an offense may be forfeited to the US government.
As critics of the law argue, the legislation fails to dictate to marketers and advertisers, not to spam. In fact, the act does not make reference to the term, "spam", except as used in the name, CAN-spam. The act makes reference to the phrase, commercial electronic mail message, and defines it to be "any electronic mail message, the primary purpose of which is the commercial a
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