1 / 8

Spamming in EC Law

This paper, presented at the LEFIS Workshop on Infrastructural Law in Rovaniemi, delves into the complexities of spam and its legal implications under constitutional frameworks, particularly in Europe. It examines the differences between unsolicited bulk emails and commercial emails, the constitutional protections afforded to personal liberties, freedom of expression, and economic rights. The discussion includes technical measures for combating spam, self-regulatory approaches, and the impact of various EU directives on personal data protection and consumer rights, highlighting the contrasting Euro-American perspectives on spam regulation.

demeter
Télécharger la présentation

Spamming in EC Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Spamming in EC Law A Constitucional Approach Manuel David Masseno Beja Polytechnic - Portugal

  2. The Subject or What’s Spam? • Spam or two urban legends: canned meat and / or Monty Python • Unsolicited Bulk E-mail vs. Unsolicited Commercial E-mail • Commercial Speech as ... a special sort of speech • Why Direct Marketing relies on Spam? LEFIS Workshop on "Infrastructural Law", Rovaniemi, 4-5 June 2004

  3. The Constitucional Framework The Charter of Fundamental Rights of the EU (Article 6.2 Treaty on European Union) • Personal Liberties • Article 7 (Respect for private and family life) • Article 8 (Protection of personal data) • Article 11(Freedom of expression and information) • Economic Liberties • Article 16 (Freedom to conduct a business) • Article 38 (Protection of consumers) • Article 52 (Scope of guaranted rights) LEFIS Workshop on "Infrastructural Law", Rovaniemi, 4-5 June 2004

  4. The Technical Approach • Mark and Block! • Personal filters vs. “industry filtering initiatives”(W. 30 D. E-comm.) • But... • The confidentiality of communications (Art. 5 D. 2002/58/EC) • The non monitoring by the providers (Art.15.1 D. 2000/31/EC) • What happened to the Communications DecencyAct of 1996... LEFIS Workshop on "Infrastructural Law", Rovaniemi, 4-5 June 2004

  5. The Self-regulatory Approach • Why would spammers self restrain? • The ICC Guidelines on Adevertising and Marketing on the Internet, 1998 • Codes of Conduct, certification of commercial messages and unloyal competition criteria • Consumers resistense and “flamming”... LEFIS Workshop on "Infrastructural Law", Rovaniemi, 4-5 June 2004

  6. The “Euro-American Approch” • Opting-out • D. 95/46/EC – on personal data (Art. 14) • D. 97/66/EC – on personal data and privacy in the telecommunications (Art. 12) • D. 97/7/EC – on the protection of consumers in respect of distance contracts (Art. 10) • D. 2000/31/EC – on electronic commerce (Art. 7.2) • The Spam Can Act of 2003 LEFIS Workshop on "Infrastructural Law", Rovaniemi, 4-5 June 2004

  7. The “Euro-American Approch” II • Opting-in • D. 2002/58/EC – on privacy and electronic communications (Art. 13) • Pros and cons of Opting-out and Opting-in • What about the “respect (for the) essence (of) rights” and the “principle of proporcionality” (Art. 52 1. of the Charter)? • A competitive advantage for American companies? LEFIS Workshop on "Infrastructural Law", Rovaniemi, 4-5 June 2004

  8. The Poisoned Tree Approach • Goin’ up river right to the source: e-mail data bases and consumer profiles • Enforcing the criteria for making data processing legitimate(Art. 7 D. 95/46/EC) • Controling the transfer of data to third countries • How to deal with “Spam Paradises? LEFIS Workshop on "Infrastructural Law", Rovaniemi, 4-5 June 2004

More Related