Pros And Cons Of Anti Spam Law

Abstract-

From the emergence of the electronic mail in 1978 to current times, the complication arising from spam has intensified drastically. During the last two decades, several countries have acknowledged spam as a multiplying internet hazard and have taken up initiatives to enact legislations in order to tackle it. However, it is appalling to find that India does not have any specific legislation to tackle it. One of India’s major attempts to tackle spam is the coming of section 66A of the Information Technology Act, 2008. Drafted mechanically, it was in direct violation of the fundamental rights which was ultimately struck down in 2015. It is, therefore, critical that an anti-spam law is formulated in India. This paper compares the different spam laws in four countries viz. the United States of America, Australia, Canada and Singapore. This paper will analyze the pros and cons of these spam laws which may then be taken into consideration and to suggest alternatives to address loopholes in these legislations while formulating a model law for India.

Introduction

The paper is divided into four chapters. The first chapter deals with the comparative analysis of the four countries pertaining to the- definition of spam, understanding of consent. The second chapter deals with the economics of spam and examines the issues

In the United States, the CAN-SPAM Act 2003 defines spam as unsolicited, commercial electronic mail. Australia’s Spam Act, 2003 defined spam as unsolicited, commercial electronic messages. Spam Control Act, 2007 in Singapore laid down that any unsolicited commercial communications sent in bulk by electronic mail or by text or multi-media messaging to a mobile telephone will be treated as spam. Finally, Canada’s Anti-Spam Legislation enacted in 2014 has laid down that sending an unsolicited commercial electronic message to an electronic address is