INDEPTH: SPAM
Spam around the world
CBC News Online | Updated May 11, 2004
Canada
In May 2004, Industry Minister Lucienne Robillard announced the formation of a task force to combat spam. The task force will help the government implement a "six-point action plan" to stop the avalanche of junk mail in Canadians e-mail inboxes. The action plan, however, does not include any new measures, although it does call for a review that might lead to updating current laws and regulations.
Instead it calls for using existing laws and regulations, improving "network management practices," "using technology to validate commercial communications," and promoting consumer education and international co-operation.
There are two private member's bills aimed at stopping spam, one introduced in the Commons, a second in the Senate. Both bills could die if a federal election is called for the summer of 2004.
United States
A national anti-spam became law in the United States on December 16, 2003 when it was signed by President George W. Bush.
On December 8, 2003, the United States Congress passed the final version of the bill. In October 2003, the U.S. Senate passed (97-0) its version of an anti-spam bill called "Can the Spam" that would see the creation of a "do-not-spam" registry. The House of Representatives passed its own version soon after.
The law makes it a crime, subject to a maximum five-year prison sentence, to send fraudulent e-mail using such standard spam tactics as false headers and misleading subject lines. In addition, it outlaws the harvesting of e-mail addresses from websites and other internet sources.
The federal law has precedence over state laws on spam and does not give the individual the right to sue the spammer/advertiser/marketer.
The big internet service providers, however, can sue, and in March 2004 Yahoo, America Online, Microsoft and Earthlink joined forces and filed suit against hundreds of individuals in the United States and Canada for violations of the U.S. law which has become known as the CAN-SPAM Act.
European Union
In October 2003, the Union passed anti-spam legislation that forces companies to gain consent from the recipient before they can send e-mails.
The new legislation also limits the number of cookies that can be sent. Cookies allow companies to gain personal information about the person using the computer.
While the anti-spam legislation affects all 15 member countries, each country must decide how it will deal with people that break the laws.
While consumer groups applauded the legislation, some cynics say European countries can't completely eliminate spam, given that most of this junk mail originates in the U.S. and Asia.
The European Commission estimates that spam e-mails cost EU companies approximately 2.25 billion euros in lost productivity last year.
In January 2004, the Union will discuss the spam problem at an Organization for Economic Co-operation and Development workshop.
United Kingdom
Effective December 11, 2003, spamming in the United Kingdom will be a criminal offence. Those caught sending this unsolicited junk mail will not be sent to jail, but they can face a fine of about $11,000 Cdn.
The law basically states that before a company sends you an e-mail or a text message, it must ask your permission first.
Italy
Italy became the first European country to pass anti-spam legislation on June 21, 1999.
On September 2003, the country's privacy watchdog warned spammers that if they continued to disturb the public with unwanted e-mails they would be fined up to 90,000 euros and face up to three years in jail.
Japan
In the spring of 2002, the country clamped down on unsolicited commercial e-mails and adopted the "opt-out" model rule for marketers.
Spammers would have to specify in each piece of e-mail that they are sending an advertisement ("kokoku") and that it has been sent without permission.
In addition, spammers would have to offer a valid return address and subject line in each piece of mail and they wouldn't be able to send mail to randomly generated e-mail addresses.
Marketers who violate the laws face severe penalties, including fines of up to $2.56 million US for businesses, and up to two years of jail time for individual spammers.
Australia
The country introduced anti-spam legislation on September 18, 2003. If passed, the law would place penalties of up to $1.1 million AUS per day for sending spam.
The proposed legislation states that for a first offence, an individual could be liable for up to $44,000 for contraventions on a single day, while an organization could be fined up to $220,000 in a day.
The bill specifically states that if a person sends spam by mistake they won't be subject to the penalties.
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November 26, 2003:
On CBC Newsworld, David Gray interviews media lawyer Michael Geist from the University of Ottawa Law School about how to tackle spam.
 Real Video
On CBC Newsworld, Christopher Thomas interviews Ontario privacy commissioner Ann Cavoukian about how Canada is fighting spam.
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