Study On The Legal Problems Of Spam

While enjoying the infinite convenience and high efficiency brought by Internet, consumers are also harassed by misleading information transmitted via Internet. Spam is an example. It not only infringe consumers'rights and waste their precious time as well as occupied large sum of Internet resources, but severely disturb the market order and result in great economic loss. Spam is becoming a world nuisance. Hence, the whole society lodges lots of complaints thereon and fiercely condemns those illegal behaviors.First of all, after analyzing some domestic and international definitions of spam, this thesis gives a fresh idea about its definition, on the consideration that the extension of spam's definition will be related to the regulation scope. Then this thesis introduces the birth of spam, its development and damage.The third part deeply analyses theory conflict created by spam, and comes to a conclusion that Email address can enough identifies individual information, so the act of overissue of spam violates the right to privacy of email users. Otherwise,the government's supervise on commercial Email may infringe trade companies'freedom of speech, therefore government's behavior should be limited in lawmaking and executing the law lest it infringe citizens'freedom of speech.The fourth introduces anti-spam act in USA, EU, Hong Kong and Taiwan of China at present. The thesis takes focus on corresponding measures on protection of anti-spam in China. In order to regulate Internet Email services and safeguard the legal rights of the end users, Ministry of Information Industry (MII) of P. R. China enacted the first national anti-Spam regulation on February 30th, 2006, which is hereby formulated in accordance with related national laws on telecommunications and Internet. But it isn't enough. The serious situation makes it necessary to upgrade anti-spam legislation, nail down legal responsibilities and obligations of addresser, adopt statutory damages and interim act preserving. In addition, according to high autonomy on Internet, it should be encouraged to reinforce professional discipline, participate in international cooperation actively and regulate spam problems together. At the same time, users should improve technical countermeasures and enhance users'self-protection consciousness, avoiding the overflow of spam completely and effectively.