Sending spam violates the Acceptable Use Policy (AUP) of almost all Internet Service Providers, and can lead to the termination of the sender's account. Many jurisdictions, such as the United States of America, which regulates via the CAN-SPAM Act of 2003, regard spamming as a crime or as an actionable tort.
As the recipient directly bears the cost of delivery, storage, and processing, one could regard spam as the electronic equivalent of "postage-due" junk mail. However, the Direct Marketing Association will point to the existence of "legitimate" e-mail marketing. Most commentators classify e-mail-based marketing campaigns where the recipient has "opted in" to receive the marketer's message as "legitimate".
Spammers frequently engage in deliberate fraud to send out their messages. Spammers often use false names, addresses, phone numbers, and other contact information to set up "disposable" accounts at various Internet service providers. They also often use falsified or stolen credit card numbers to pay for these accounts. This allows them to move quickly from one account to the next as the host ISPs discover and shut down each one.
|
