Yesterday, at the ITU WSIS Thematic Meeting on Cybersecurity, during the day focused on spam, a session was dedicated to discussing national policies and legislative approaches to spam. As part of this session, a Background Paper commissioned by ITU, entitled A Comparative Analysis of Spam Laws: the Quest for Model Law, was presented (presentation) by Derek BAMBAUER, Research Fellow, Berkman Center for Internet & Society. The authors of hte paper are Derek BAMBAUER, John PALFREY, Executive Director, and David ABRAMS, Berkman Center for Internet & Society, Harvard Law School, United States. From the introduction to the report:
The goal of this paper is to help policymakers understand the potential benefits and challenges of model spam legislation as a tool to improve the security of and user confidence in information and communications technology (ICT), as well as the potential that model spam legislation holds for Internet users worldwide. First, it sets forth a framework for understanding spam and identifies key issues confronting regulators. Next, the paper examines the set of options for spam laws based on existing and proposed legislation gathered by the International Telecommunication Union (ITU) Strategy and Policy Unit (SPU). It analyzes the level of consensus among these extant laws and the degree to which a particular component is included in most legislation and in the degree to which provisions addressing this component are similar or harmonized. The paper points towards zones where there is considerable consensus while simultaneously illuminating the most fundamental differences, so that policymakers can tackle the hard issues and choices involved in spam laws. Finally, the paper makes preliminary recommendations for spam law efforts and considers both the potential for and the likely efficacy of a model spam law.
During the same sessions, there were presentations from:
- Panellist: Jonathan KRADEN (biography), Staff Attorney, Federal Trade Commission (FTC), United States
- Panellist: Miguel MONTERO (biography), Spam Ruling Administrator, Radiografica Costarricense (RACSA), Costa Rica
- Panellist: Liang LIU (biography), Assistant Director, Anti-Spam Coordination Team, Internet Society of China, People’s Republic of China
- Presentation: Maria Cristina BUETI (biography), Policy Analyst, Strategy and Policy Unit, ITU
”ITU Survey of Anti-Spam Laws and Authorities Worldwide”