When is Spam acceptable, when is it an unacceptable nuisance, and when is it a crime?

Question

Yesterday Robert Alan Soloway, one of the world's top 10 spammers, was arrested.  His actions were clearly illegal, using viruses to create zombie computers that would send e-mail after e-mail out.  His charges also seem to include identity theft. 

But is all spam a crime? Is all spam even bad?  Spam is essentially just junk mail, right?  While I throw away most of the junk mail the post office delivers to me, every now and then I use some pizza coupons, or learn of a new business in my area that I decide to check out.  There is nothing wrong with advertising through the mail.  You cannot, however, send unsolicited pornography through the mail.  To me it makes sense that a business that produces videos for web pages, for example, should be able to seek out companies they perceive as potential clients and send them an e-mail explaining their services.  I don't even mind THAT much the occasion "Lower your interest rate."

So my question is simply this:  Where should the lines be drawn?

Robert S · Accepted Answer

Spam e-mail is simply commercial advertising. Often times it markets suspicious products or "get rich quick" promotions. Spam is sent out at an extremely low cost to the sender, forcing most of its expenditure to be paid for by the recipient.


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SpywareE-mail spam is sent to individual users via direct e-mail messages. Spam mailing lists are created by stealing or purchasing Internet mailing lists, searching the web for addresses, and examining Usenet postings. Spam e-mail presents a monetary cost not only to users who use a time-measured Internet service, but to ISPs and on-line services who transmit these messages as well. These costs are then pushed directly onto subscribers. 

You may want to discuss your frustration with the Congressional delegation that represents your area and express your need for relief from the growing problem. 
The CAN SPAM Act of 2003

Also known as the CAN SPAM Act, the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" took effect on January 1, 2004, establishing a set of strict guidelines that spammers must follow in order to continue their practices legally. 

In depth information about the CAN SPAM Act can be found in this summary.

The Florida Electronic Mail Communications Act

Pfo · Answer

It's unwanted and unneeded.  It should be illegal, because I don't want it and that's the only way to stop it.  Spammers will not stop unless they face punishment; this Soloway guy deserves what he gets.  All the spam on the internet drains its bandwidth and puts terabytes of useless data out on the web.

spadezgurl22 · Answer

SPAM HAS SPY WARE AND VIRUS IN IT. its not right to misrepresent yourself as "chase bank" seeking confirmation information, your misleading companies and it then turns into identity theft. spammers shoudl not be solicited people that dont want to be solicited. think about the "do not call list" people put their names on there so they wont be harassed by un wanted soliciers, spammers should h ave to follow the same guidelines.

jon_mac_usa_007 · Answer

Spam is just plain evil

crazymaysie · Answer

Spam is good...fried with mustard on white bread.

Tom W · Answer

When its on bread.  Its a crime when you make Army types eat it.  Trust me I know.

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When is Spam acceptable, when is it an unacceptable nuisance, and when is it a crime?

6 Answers