Service provider responsibility for unsolicited commercial communication (spam).

The Internet introduced the concept of email – a means of communication that arguably provides the communication base for industry in the developed world. Advertisers have not been slow to take up the opportunities offered by the Internet and the World Wide Web – in many cases subsidising web-site presence. Advertising has its place, however, and many would argue that one of the less popular side effects of fast, easy and global communication has been the exploitation of this medium for sending ‘spam’ (or junk-mail). The focus of this paper is on the role of Internet Service Providers (ISP’s) as the principle gatekeepers between the Internet and email-users. Legislation recognises this role and addresses the problem of spam. Other approaches to tackle the problem come from self-regulation and software applications (filtering technologies). This paper outlines some preliminary research that assesses the potential of eliminating illegal Spam whilst at the same time allowing companies to use e-mail as a marketing tool, based on cooperation between the Law and the IT Sciences