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Unsolicited commercial e-mail legal research

Author: ChenBingLiang
Tutor: DingWei
School: East China University of Politics and Law
Course: International Economic Law
Keywords: internet Spam unsolicited commercial e-mail Privacy damages and compensation of the litigation jurisdiction Lanham Act
CLC: D922.29
Type: PhD thesis
Year: 2007
Downloads: 277
Quote: 0
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Abstract


Internet service has brought convenience and efficiency in our life, especially the email which shortens the distance and quickens the information sharing between people. However, as the wide spread activities of sending emails, lots of sexual or cheating materials have been sent by emails, which had already seriously affect the internet user and cause the actual loss of the internet service provider ( "ISP" hereunder) as well. Lots of legal issues have therefore risen. More and more ISP, entry website and internet security software practitioner have taken measures to completely prevent, strictly sift such junk mail. However, some of the emails sent by normal sender with proper business intentions are also prevented. ISP and internet users have wasted human resource, time and money in preventing and sifting junk emails. Such activity has largely discount the efficiency of promotion through internet. Even worse, it has rendered the promotion useless.According to the statistics of foreign countries, approximately 80% of the business email for the purpose of promotion has been rejected and dumped by ISP before they reach their client internet user in 2006. According to the survey of Federal Trade Commission ("FTC" hereunder), about two thirds of the business email with the aim of promotion or advertising are exaggerating or cheating somehow. On the other hand, among the emails received by ISP, about fifty percent of them are junk emails. How to regulate the junk emails and protect the entire environment of the information society has become the first priority of the e-business developed countries. As this is the actual needs currently, I therefore choose such subject as target of research. This is also the initial incentive of my writing.Currently, the countries in the world have gradually taken the junk email circumstances as an issue. This article shall begin with the technical aspect of preventing and sifting junk emails, and proceed with the research of legislation of various countries, taking America as a major example, and summarize the regulation and common practice concerning such junk email issue. In addition, this article also discuss the related issues and jurisdiction and damages and compensation of the litigation with respect to the junk email issue; and analyze and compare the legislation between mainland China and Taiwan. The purpose of this article is to find balance of the junk email issue under the user’s rights, technology development, business promotion and judicial regulation.

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