I hope someone found my article on the Blog regarding technology and the laws of the United States, the European Union, and South Korea as applied to Spam.
http://www.bios-mods.com/blog/2012/02/ca...y-the-law/
This shows a major disconnect between our aging members of Congress and the progression of technology. This is a growing issue for technology in America.
Some assume that SOPA is the only matter, but that's hardly touching the tech iceberg and the disconnect seen in the US government.
Interesting article, specially the US side. I am really surprised I stumbled upon such a great article in the www. Usually you have to search for them in some special journal database and even then you are not sure to find something good.
As You mentioned that legislation didn't reduce solely spam in EU, the technology solutions have their part in this. In my opinion law must be implemented with another solution to work, but technology sided solution (such as filters) can work by themselves. I recommend discussing also the bot-nets, which must be fought to reduce the number of mails sent through unknowing peoples computers.
Also the risk with opt-in in US would be that there are criminal sanctions, in EU the penalties are only administrative (a monetary fine). Criminal sanctions could pose too high risk for possible frame-ups and wrong prosecutions. In opt-out there must be proved more.
(02-27-2012, 07:30 PM)KARR Wrote: [ -> ]Interesting article, specially the US side. I am really surprised I stumbled upon such a great article in the www. Usually you have to search for them in some special journal database and even then you are not sure to find something good.
As You mentioned that legislation didn't reduce solely spam in EU, the technology solutions have their part in this. In my opinion law must be implemented with another solution to work, but technology sided solution (such as filters) can work by themselves. I recommend discussing also the bot-nets, which must be fought to reduce the number of mails sent through unknowing peoples computers.
Also the risk with opt-in in US would be that there are criminal sanctions, in EU the penalties are only administrative (a monetary fine). Criminal sanctions could pose too high risk for possible frame-ups and wrong prosecutions. In opt-out there must be proved more.
Thanks for your opinion. This was deemed a little too techie for the Law Review nearest me. There is a lot to take into account outside of the law.
I believe opt-in would still be viable in the United States. Botnets can be outside of the punishment side and would be a part of the technological process to ensure there aren't problems. One can also show their computer was hacked and indeed had unknown processes running at the time.
Criminal law would be a state issue, although I can always be wrong with this as it isn't my area of expertise, which wouldn't be usable in my scenario. Civil fines would be permissible on the Federal level. States could go farther than the Federal level to add such criminal sanctions.
A centralized technological method for assisting servers and mail providers sort legit versus known SPAM assisted by technology would be a great step. Sure, there are 1st Amendment questions but commercial speech isn't nearly as protected. If it is unwanted and unwarranted in the first place where SPAM is attempting illegal activities in the first place, there would be no protections.