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[Asrg] A technological or legal solution?

2003-03-07 23:15:29
I've been reviewing our charter and the different approaches that have been 
discussed of late, and I
find
myself increasingly struggling with the question of whether it is possible to 
achieve a reasonably
effective
solution to the spam problem (even an imperfect one) without changes to the 
legal system.

We surely want a system where any individual can email any other individual, 
anywhere in the world,
for
apparently zero cost.  What's to stop that individual from becoming a spammer?

We have to remember that ultimately at the source is a human being.  Someone is 
DECIDING to spam
you.  The only thing that can truly affect human behaviour is another human.  
Time and time again it
has been demonstrated that any technological system, especially a eclectic and 
complex one, can be
circumvented by determined individuals.  I'm afraid that if we design a purely 
technological
solution that
has no true power of enforcement on human beings, it will be circumvented, and 
we'll end up with a
situation not much different than we have now, but after having expended a huge 
amout of money
and effort.

Can we build a system that will achieve our goals without changes to the legal 
system?  Should
international commercial email be regulated?  Should there be some sister 
organization to the
International Telecommunications Union and Universal Postal Union to ensure 
nations cooperate in
imposing sanctions on illegal spammers?

I'm concerned that if we simply engage in a technological arms race with 
spammers, it will go on
indefinitely,
until one side collapses under its own weight, after great cost to the other.

I'm not suggesting that we begin a debate on what legal changes are necessary 
to enforce a
spam-controlled internet, but we need to decide if we're embarking upon a 
fool's errand.  Our
charter
indicates we should design a technological solution, but does our charter need 
to be changed to
incorporate recommending legislative changes if it is the consensus that such 
changes are necessary
to achieve spam control?

---
Will Rose

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