Case Issues

In Lisa Bowman's Agencies Warn SARS Spammers, the author discusses the recent warnings provided by the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) to 48 Web sites that offer merchandise claiming it will protect people against the deadly respiratory syndrome. Spam, unsolicited email advertisements, and fraudulent email scams have been the focus of recent efforts by the FTC to crack down on cyber crime. As Bowman (2003) reports, "The SARS-related claims are just the latest example of scam artists trying to profit off of news headlines" (1).

There are a number of possible tort and criminal issues related to this case. The 106th, 107th, and 108th Congress have proposed a variety of legislation pertaining to email. However, no federal legislation has yet been enacted that pertains to spam or unsolicited electronic mail. This may soon change as the 108th Congress is currently considering legislation aimed at putting controls on unsolicited electronic mail. The primary bill being considered by Congress is the CAN-SPAM Act of 2003 (S. 877). This legislation proposes such limits as private right of action, an opt-out policy required in all emails, the abbreviation ADV in the subject line of all advertisements, and others measures.

Computer users, privacy advocates, Internet Service Providers (ISP), and Internet companies like AOL have lobbied Congress to pass legislation controlling spam. From jam

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duced in 1997, but Congress has been unable to enact legislation. One reason is the reluctance of lawmakers to promote curbs on the free exchange of information between computers and users. However, in light of an increasing number of complaints from a variety of sources, the government recently held a three-day summit on spam. New York Senator Chuck Schumer believes comprehensive spam legislation will be enacted before the end of 2004. His proposed bill was created after he shockingly discovered that his teenage daughter was being inundated with pornographic email solicitations and no federal laws existed pertaining to it. His proposed bill has three levels of punishment: a warning, then fines of $5,000 per day, followed by up to two years in jail for repeat offenders. While it is likely that federal spam legislation will soon be enacted, the SARS spam case demonstrates the complexity and variety of tort and criminal issues associated with this kind of cyber crime. ARTICLE TWO This articled posted by the Associated Press discusses the rise in Neo-Nazi Web sites, whose number has grown over the past four years from 330 to 1000 (Neo 2003). A study conducted by Germany's Family Ministry points to a couple of disturbing tr

Category: Science - C