First Amendment Protection for Spam - Essay Example

The concern for spam is however growing all around the globe. Around forty percent of bulk e-mail consuming is posing problem for the internet users along with internet service providers. They complain of having their mailboxes full of annoying e-mails or mails that are offensive. However, a number of users refer spamming to the commercial advertising. 3 Since internet is the fasted way to contact people all around in the world with millions of people, internet advertisers has realized for using internet as a tool for advertising through spam.

They choose many different ways for advertising such on the World Wide Web, but the easiest way for them is to advertise through e-mail spamming. Internet advertising are divided into two groups, either they can be intrusive or passive. Passive way for advertising is the most common way of advertising on internet. It is a way on which the internet user seeks out for the advertisement and accesses it himself. Though, the most widespread passive advertisement is done on the websites. On the other hand, intrusive advertisement is one on which the user receives e-mails from the seller for example posting electronic mails.

Intrusive advertisement is also known to be an unwanted advertisement and will be discussed in this paper. All together, the concern for spamming has grown to compromise the value of e-mails and finally towards the internet.4 Section one of this paper will examine details and problems held by intrusive or unwanted advertisement/spamming together which the current laws to solve this problem. Section two of this paper will discuss the standards of First Amendment, applicable to the problem. Finally, the third section will highlight whether the Congress pass on other constitutional laws to protect users from internet spamming.

Issues and Problems Related to Intrusive Spamming/Advertising In this section, the question arises of how to define spam Spam is described as the most unwanted or unsolicited electronic mail which is usually delivered in bulk form to millions of internet users. However, due to the unlimited debates held in the online community, a series of rules on how to use internet was introduced which was known as "Netiquette quickly developed". It established that the advertisers who are willing to advertise online should detain their activities on the websites that welcomes advertisements.

Unfortunately, as the online internet community was small, the violators of Netiquette were punished. Intrusive spam has been mostly been associated with schemes such to get rich in a quick manner, is changing by time. As more and more e-businesses are getting involved in cyberspace, major advertisers and other organizations have started to rely on bulk e-mails or have created their own web sites on World Wide Web for the reason to sell out their products as quickly as possible. Vendors who rely on spam maintain that this storm as a whole is blown out in parts by perfectionists who really want to see spamming out from the internet.

However, the opponents of spam argue that in some way, spam robs the internet users from the resources and dishonors the internet just a piece of litter found in the physical environment. There are number of examples that portray about the problems created by spamming. Such as, the most disastrous was the one which