Is Spam the Rock of Sisyphus?: Whether The Can-Spam Act and Its Global Counterparts Will Delete Your E-mail

Abstract

As a result of ineffective laws, spam continues to grow and infiltrate our personal and professional lives. The issue remains whether it will ever be eliminated, or whether the law is simply the hand of Sisyphus, ever pushing the rock of spain uphill, where, when it believes it has reached the top, will simply roll back down with a flood of new issues to invade our inboxes evermore. 

In Part II, this comment will take a look at the history of state actions and legislation that have confronted the spam issue. Part III will analyze the constitutional issues that courts have encountered, such as First Amendment rights, personal jurisdiction, and the dormant Commerce Clause. Part IV will include a discussion and constitutional analysis of the recently enacted Can-Spam Act of 2003. In Part V, anti-spam provisions in Europe, such as the Directive on Privacy and Electronic Communications in Europe, will be explored. Finally, in Part VI, a look at self-regulation measures and recently adopted technologies will leave us with the question of whether spam will ever be completely deleted.