The Harms of Spam
Eric Goldman
Marquette University Law School
eric.goldman@marquette.edu
http://eric_goldman.tripod.com
Note: My paper on this topic is available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=487162
Problems Due to Spam
- 90% find spam very or somewhat annoying (Source: Harris Poll Dec. 2003)
- 60% of January 2004 email was spam (Source: Brightmail Jan. 2004)
- Spam costs companies $20 billion worldwide, and costs are growing 100% per year (Source: Basex Dec. 2003)
What Makes Email Spam?
- “Email users are not entirely clear on just what is spam” (Source: Pew Internet & American Life Project, Oct. 2003)
- Adjectives describing spam: Automated, Bulk, Mass, High-volume, Untargeted, Unsolicited, Commercial, Objectionable, Unwanted, Irrelevant
- Many recipients like relevant email, even if unsolicited
- “7% of email users report that they have ordered a product or service that was offered in an unsolicited email” (Source: Pew Internet & American Life Project, Oct. 2003)
- But irrelevant email is “spam”
- How can we distinguish the two?
- The answer: only recipients can determine if email is “spam” to them
- Every statistic about spam is questionable
- Any effort to regulate spam—legislative or technological—will block wanted emails and miss unwanted emails
What Makes Spam Special?
- Recipients are less tolerant of irrelevant emails than irrelevant ads in other media
- Every medium provides some recipients with irrelevant ads
- Every medium requires recipients to sort content from ads and wanted ads from unwanted ads
- Other media deliver irrelevant ads to our home
- We are still trying to understand why spam earns special wrath
- Until we do, laws protecting recipients from spam may not solve the problem
The Real Harms of Spam
- False/deceptive emails
- Emails infringing third party trademarks
- Emails containing obscene/child pornographic content
- Emails a service provider doesn’t want to carry
- Especially when the provider is not getting paid to carry them
- Service providers targeted by forged routing information