Untouchable?: A Canadian Point of view on the Counter Spam Fight.


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Worldwide movement toward against spam enactment including US, Europe, Japan, South ... Consider prospect for hostile to spam enactment in 2003. Concentrate on four ...
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Untouchable?: A Canadian Perspective on the Anti-Spam Battle October 2004 Michael Geist Canada Research Chair in Internet & E-trade Law University of Ottawa, Faculty of Law

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The Spam Myths spam begins seaward the erase key the private division law is weak canadian against spam enactment

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Outline The spam issue Three Phases of Dealing With Spam Phase One - Spam as an Annoyance Phase Two - The Three Anti-Spam Pillars Phase Three - Getting Serious About Spam

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Spam Growth Estimated Cost - $10 - 87 Billion/year 70% of email now spam 90% of S. Korean email now spam AOL - Blocking more than 2 billion spam for every day 75% of spam now utilizes HTML Profitability at reaction rate under 0.0001% Brightmail gauges $250 million in gainfulness for spammers in 2003

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Canadian Spam 10 of the 200 spammers around the world (Spamhaus ROKSO rundown) are Canadian Top 200 spammers in charge of 90% of worldwide spam Sophos positions Canada as main ten wellspring of spam around the world

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The Spam Problem Cost moving Privacy Intermediary impacts Deception and extortion Lost e-business certainty Lost e-correspondence certainty

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Phase One - Spam as an Annoyance 1995 - 1999 Anti-spam bunches structure Sporadic administrative activities yet accentuation on private segment authority Private area legitimate strategies Contract Criminal Trademark Trespass Private segment specialized strategies - MAPS RBL, UDP Public segment requirement - FTC gets first activity 1998 Spammers battle back with own suits

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Phase One - Spam as an Annoyance The national government trusts that its present strategy and lawful systems will keep on fostering solid Internet development and advancement in Canada while in the meantime managing sufficiently with PC misuse and criminal action. Spam is yet one of the new components rising up out of expanded Internet development and improvement. The legislature trusts that a proper blend of strategies and laws, buyer mindfulness, capable Internet industry partners and mechanical arrangements is the best and most fitting approach to manage conduct in the new and developing on-line environment. The legislature trusts that Canada has this right blend today yet will keep on monitoring advancements and consider changes in the event that they are required. - Industry Canada, 1999

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Phase One - Spam as an Annoyance Problem - doesn\'t work Spam proceeds develop Isolated private area activities have constrained discouragement esteem and are costly Inconsistent administrative recommendations

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Phase Two - The Three Anti-Spam Pillars 2000 - 2003 Spam issue exacerbates Focus movements to three columns Technology Education Legal Solutions

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Phase Two - The Three Anti-Spam Pillars Technology Filters Authentication Problems: Cost False Positives (Solution more regrettable than the issue) Privacy Spammer mechanical reaction

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Phase Two - The Three Anti-Spam Pillars Education Educate organizations by means of industry codes Educate purchasers on the most proficient method to react to spam Problems: Lack of legitimate weight to codes Bad performers Inconsistent buyer informing - select in versus quit

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Phase Two - The Three Anti-Spam Pillars Legal Solutions Global movement toward hostile to spam enactment including US, Europe, Japan, South Korea, and Australia Key arrangements Definitional issues Private privileges of activity Significant harms Labeling prerequisites Deceptive practices (headers, ridiculing, and so on.) Email gathering/Dictionary assaults ISP invulnerability Opt-out versus select in Do-not-spam records Commissioning spam

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Phase Two - The Three Anti-Spam Pillars Legal Solutions - Canada Consider prospect for hostile to spam enactment in 2003 Focus on four principle authoritative arrangements PIPEDA Criminal Code Competition Bureau, Fair Practices Branch Telecommunications Act

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Phase Two - The Three Anti-Spam Pillars PIPEDA Email addresses as actually identifiable data Respecting pick outs Harvesting email addresses Accountability Security

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Phase Two - The Three Anti-Spam Pillars Competition Act Sections 51(1) and 74.01 - false or deluding representations for reason for advancing item or administration Significant fines Could target: False or tricky headers Content of certain email FTC concentrated on beguiling practice enactment

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Phase Two - The Three Anti-Spam Pillars Criminal Code Section 380 - misrepresentation Section 372(1) - false messages Section 342.1 - deceitfully acquire PC administration Section 342.2 - gadget for carrying out 342.1 Could cover - Fraudulent spam Unauthorized utilization of email servers Email gathering Email collecting programming

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Phase Two - The Three Anti-Spam Pillars Telecommunications Act Section 41 - CRTC request forbidding spontaneous correspondences No activity yet from CRTC yet hypothetically segment seems to cover spam

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Phase Two - The Three Anti-Spam Pillars Problems Enforcement challenges Ineffective enactment Unnecessary enactment?

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Phase Three - Getting Serious About Spam 2004 - ?? Hostile to spam action is an implementation issue… NOT a legitimate or mechanical issue

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Phase Three - Getting Serious About Spam The spam issue will complete more awful if nothing is Less email correspondence Less e-trade More remote spam More IM spam (spim) More phishing

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Phase Three - Getting Serious About Spam Resourcing against spam endeavors Follow the cash National against spam activities Canadian-particular activity arrangement Multinational authorization co-operation Australia - S. Korea model Operation Secure Your Server International associations ITU WSIS OECD Contemplating authoritative choices

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Untouchable?

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What are we arranged to do?

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Michael Geist mgeist@pobox.com

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