Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password

Free Email Sign Up

Main Categories
 Accident Law
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments

Published : April 28, 2010 | Author : sudhiriiita
Category : Cyber Law | Total Views : 16832 | Rating :


Internet email is an electronic system through which messages are transported between systems on the behalf of their users. It is a faithful system in that the mail server delivers a message to the receipt that it is directed to. This level of confidence becomes a problem when anyone in the world can send an email to anyone Individuals and organizations that send unsolicited email (spammers) are taking vantage of this relying system.

The term “Spam [1]” arose from Hormel's Spiced Ham product of the same name. In recent years, electronic mail users across the world have noticed that an ever raising amount of unsolicited email arrives at their mailboxes.

“Spam, spam, spam, spam, spam, spam ….” The words of the Monty Python skit still give the feeling that spam, or unsolicited commercial email, is simply a nuisance: junk emails sent to penetrate user inboxes with messages intended to promote products and services in order to turn a profit.

But now a days, spam is progressively being viewed as a more severe messaging threat, as it is coming to be used to deliver worms, viruses, and Trojans as well as rooks of more directly financial nature. Spammers often trick even the sharpest of e-mail users into opening these messages.

For this reason, spam has been believed as an issue that strikes every email user, and by extension, every computer user. The use of email as an omnipresent tool that lies at the center of the Information Society, and any menace to the use of email will sabotage user trust and trust in the Information Society.

Spam-reduction techniques have grown speedily over the last few years, as spam volumes have enhanced. We consider that the spam problem need a multi-faceted answer that combines a broad layout of filtering techniques with various infrastructural changes, changes in financial incentives for spammers, legal approaches, and more.

2. Related Works
The first show of email spam dates back as far as 1978 and, although spam began in earnest in 1994, the recent history of the spam “trouble” actually began about 2002. In early 2002, spam presented about 16% of all email sent over the Internet; by early 2008, spam presents between 87% and 95% of all email[3].

However, the ratio of email presented by spam masks a larger trouble – the sheer volume of spam that is sent on a daily basis. For illustration, while just a few billion spam messages were sent each day in 2002, today roughly 100 billion spam messages cross the Internet on a typical day. Further, spam volumes can produce quickly over a very short period of time, such as the repeating of spam volume that happened between May and November 2006, coupled with spam ‘spikes’ during the New Year season and at other, apparently random, times.

There are many surveys which have been occurred on current and proposed spam filtering techniques with particular emphasis on how well they work. Our primary focuses are filtering the spam in email through Microsoft email client and give some suggestion relating Anti Spam Law in India. There are already many research is going on for various email clients to control the spam’s by using filters. In doing so we have examined the definition of spam, the user’s requirements and the role of the spam filter as according to our need and specific requirements. There are comparisons are not easy, as benchmarks, measures, and methods for evaluating spam filters are still evolving. We survey these efforts, and their results. In spite of recent development in evaluation methodology, many uncertainties still remain which effect on filtering spam techniques and check the validity of spam filter evaluation techniques. Here we are going to advocate several prevalent filtering techniques and propose our work to acknowledge them.

I. White list / verification filters
An fairly good technique for spam filtering is what I would call whitelist plus automated verification approach. There are various tools exist which saves the purpose of verification of spam[2].

Distributed adaptive blacklists: Type of Spam
Spam is almost by definition delivered to a large number of recipients. And it is a matter of practice, there is little if any customizations of spam messages to individual recipients.Distributed blacklists are ways to let one user's delete button inform lot of other users as to the spam nature of the message[2].

II. Rule based rankings
The very popular tool for rule based spam filtering, by a good margin, is Spam Assassin. There are some other tools, but they are not as widely used or actively maintained. Spam Assassin and some other similar tools evaluate a large number of patterns--mostly regular expressions--against a candidate message[2]

III. Baysian word distribution filters
The general idea here is that some words occur more frequently in known spam and other words occur more frequently in legitimate messages. By using well-known mathematics, it is possible to generate a "spam-indicative probability" for each word[2].

IV. Baysian trigram filters
Disadvantage of the word model is that the number of "words" one encounters in email is logically unlimited.. Bayesian techniques[2] built on a word structure work .

These all type of filters has already made in spam filtering techniques still lot many left to explain that we have not considered because it is not quite possible to defy each tool but these are the some specific filter techniques work on email clients so we have considered this as apart of our research work.

We have checked many spam mails and tried to find out the certain keywords, marks, symbol which usually occurs in spam mail. We have not taken a very large amount of databases to filter but we basically focuses on certain words which is prone to come to our mail as spam keyword. We have done a very restrictive filter mechanism used for very known and high probability keywords occurs in spam. The email client I use has the capability to sort incoming email based on our requirements and works as our need exists.

2.1 What is Spam:-
What exactly is spam and why we hate it? Spamming is commonly defined as the sending of unsolicited large volume email that is, email that has non-relevance aim with end user (unsolicited) and received by multiple recipients [3].

So far we were forced to finish our first email account because of the huge amount of spam we were receiving daily.

Spam is unwanted email engaging our inbox to advertising the things like amazing mortgage deals, adult websites, and get –quick- rich schemes. Almost everyone with an email account has been “spammed” and most people agree it’s nettling and time-wasting to deal with. Spam is one of those things that is “tough to describe but we know it when we see it” processes. However there are some essential characteristics of all spam:

· It is unsolicited i.e. sent without the recipient’s permission
· It promotes products or services for sale.

We have been inferred that spam is to be considered a Unsolicited email). In everyday use spam can also refer to any unwanted email such as chain letters from known senders or commercial email from retailers you have dealt with previously. In this paper we shall use the term spam to mean Unsolicited emails.

The current meaning, “To indiscriminately send large amounts of unsolicited e-mail meant to promote a product or service” is an extension of the original meaning, since many people find random, unsolicited commercial email equally annoying.

2.2 Why Spam Is Bad?
There are a variety of problems caused by spam:-

a. Bandwidth constraints
Spam enrolling an organization’s network takes network bandwidth that could otherwise be used for legitimate purposes. As spam volumes enhance, particularly as newer types of spam have even more bandwidth on a per-message basis, bandwidth is consumed for non-legitimate purposes, in many cases needing the deployment of larger data pipes simply to maintain acceptable performance.

b. Storage requirements
Likewise, as more spam enrolls an organization more of this content must be put in for review in spam isolation. Given that spam is generally stored for at least 30 days for employees to review the content for false positives, increases in spam entering an organization inevitably lead to greater storage requirements.

c. Loss of employee productivity
While some believe that loss of employee productivity is a serious problem for most organizations, Oysterman Research has found that this is actually a relatively minor problem in the overall context of the spam problem. However, it is an issue for some organizations, particularly smaller ones that do not filter spam adequately at the server or gateway.

d. Other problems
There are a various of other problems in relation to spam, including phishing attempts to purportedly come from a valid source, such as a bank, but instead direct recipients to enter their secret information on a phisher’s Web site; some employees passing time to perusing products and services offered in spam; links given in spam messages that could direct users to harmful or offensive Web sites; and the like.

2.3 We Be Concerned with Spam, Why?
Spam is just a reality of life, accepted as a nuisance but basically dismissed. Users simply delete the spam mail on a regular basis and work goes on. However, companies with this attitude do leave themselves open to wasted time, money, a resources, as well as legal risks.

2.4 Why spammers spammed?
The Spammers transmitted their messages in the millions in the hope that a some people response. Income is made from actual products sold, or a percentage commission from products sold. Response rates and benefit margins are generally low – but so are the costs.

The huge amount of messages spammers may send in a day may add up to a significant income.

Illustration, with say a $1 per unit profit margin, and only a 0.1% response rate, a spammer could make $10, 0000 by sending 10 million email messages.

The all spammer needs to send spam is the following:-
§ Spamming software. This is inexpensive and easily obtained over the Internet
§ An email address list. These can be bought on a CD, or harvested.
§ A financial opportunity there seems to be no deficit of chances for spammers. Usually spam mails contains product sales, offers, adult site membership etc.

An email server. Spammers generally carrying of an unsuspecting third party's mail servers to hide his identities. These servers are experienced as open relay servers. We can test whether our email server is an open relay by visiting www.abuse.net/relay.html.

A spammer has several sneaky ways of getting email addresses. Here are some of the most prevalent:

Methods used by spammers to get individual e-mail address :-
1. User newsgroup postings
2. User registrations at unscrupulous sites
3. User chat sessions
4. From email lists the spammer buys
5. From spam bots that crawl the web for any @ sign
6. From mailing lists to which users subscribe
7. By harvesting all the email addresses on your company's server
8. By randomly generating name combinations for your domain[4]

2.5 How Spamming is done ?
There are various methods through which Spamming is done. The usually used ones are[5]:

i. Rogue ISPs: Spammer with sufficient funds run rogue ISP. This enables them to use multiple domain names. It receives its own network numbering and multiple domain names from the Inter NIC. it possible to block a domain but not a ISP provider.

ii. On-the-fly’ Spammers: Such type of Spammers, register themselves as multiple genuine users with different ISPs. They forge an identity or steal credit cards and use them to establish identities. They then use these accounts to start spamming. By the time the ISP realizes that they are hosting a Spam run, the Spammer switch to another account.

iii. Blind Relays: Some badly configured servers allow Blind Relaying i.e. sending messages without authentication. Spam is routed through such blind relays.

3. Problem With Spam
Fighting spam does have its costs, but allowing spam to continue to grow unchecked could be disastrous. The costs are roughly split between tangible costs vs. intangible.

The tangible costs and intangible costs impact of spam on both individual and business Internet users is raising.  

 i.            Intangible Costs


User trust breakdown

Distraction from core business




Erosion of impact

Worsening environment


Customer dissatisfaction


Irritation and distrust

Possible fraud

Emotional upset at disturbing material

Particular vulnerability of children to harmful content


Pressure to switch ISP’s

Decline in trust

Seen as source of Problem



ii.            Tangible Costs



Storage space

IT Upgrades

Legal risks



IT security



Low response rates

Increased costs

Decreasing opt-in rates

IT security



Wasted time

Cost of bandwidth, access time and storage

Misused resources

IT security



Storage space


Customer Service

Management time

Cancelled accounts

Some other losses caused by Spam are listed below [5]:
• Spam is received via e-mails and may have enticing subject line like: Free offer, Chance of a lifetime, etc.ia invariably you try to open the mail and read it. This is a thing that the Spammer wants us to do. Opening the mail, reading it and then deleting it, consumes our Internet access time and costs our money. The mail servers that have delivered the mail through a series of servers have spent money and used bandwidth to deliver junk you did not want. Probably the junk mail was given precedence over an urgent mail for the mails to be delivered

• Few spam e-mails have the mail which asks us to open it and also have some attachment. If we do so, there is risk of running a virus that may be hidden in the e- mail. The costs involved in removing a virus from our system are massive.

• Few spam e-mails after enclosing an enticing description of services and products which ask us to click on a link for further information. These links can open porn or other sites that we had no business visiting. But details of the visit are recorded in our server and we may have a lot of explaining to do.

• Advertisement of product via spam e-mails need that we provide our credit card number and some other personal information

4. Reasons to Stop Spam
Spam attacks interrupt electronic messages and proceeding, striking corporation ability to do business. Spam consumes system resources, including bandwidth, mail server processing cycles, and memory capacity. Spam can overcome mail servers that are not secured against relaying. Spam consumes human resources; not just the time of employees who read and react to spam, but that of system administrators, help desk staff, and human resources personnel as well. Spam may infringe corporate policies regarding non-business use of company messaging systems. Pornographic or offensive spam may also infringe corporate anti -harassment policies. Content filtering can cut down the risk of legal exposure due to a 'hostile environment' when the subjects of messages are offensive to employees. Business-related messages and solicited advertising from legitimate marketers may get lost in the growth of unsolicited commercial advertisements and other spam.

4.1 Risks of Blocking Spam
Whenever spam is filtered, false positives message is a risk. A false positive message is a message that has the characteristics of spam, but is actually a solicited message, legitimate. Business deals and important information can be lost because of a false positive.

Other than false positives, the major risk of blocking spam is to be action by the message sender or recipient on the basis of censorship or infringement of personal privacy. It can be argued that a corporate mailbox is owned by the corporation; therefore all messages are subject to corporate policies.

4.2 Relations between Privacy and Email
Privacy is linked to philosophical and intellectual ideas. Privacy has many definitions in many domains, e.g. law and sociology. So it is not easy task to define it precisely, encompassing all of its aspects.

Privacy can be defined it as follows: the "right to enjoy life and be left alone". That definition means that privacy can be threatened by some means. In fact, privacy information is wrathful and dissimilar entities jeopardize this right to be left alone.

For illustration, information may be used to figure exact user profiles for selling and marketing purposes but also to contact the person with the email address. New privacy vulnerabilities came along with the introduction of the Internet, the Web and the electronic mail system. Too few extent, personal information has become a good that can be merchandized in online commerce. The very sensitive personal information, called Personally Identifiable Information (PII), is instantly associated with the real-world end-user identity. As we can see the email as a PII having the property to effectively (i.e. an email delivered in the inbox will surely obtain human attention, even if it is only a fraction of time) and easily (i.e. for a very low cost) make contact with the related human.

In rationalized way to protect the privacy, the first line of defense based on data protection legislation: going from country-specific legislations to higher level legislations[6].

Also united Stated of American Constitution and Indian Constitution also have given the more emphasis on the privacy of an individual.

United Stated of American Constitution (4th) amendment say’s that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized [7].”

Personal liberty is the most important of all fundamental rights. Art 19 guarantees to the citizens of India the following Six Fundamental Freedom [8]:
i. Freedom of Speech and Expression
ii. Freedom of Assembly
iii. Freedom to form Associations
iv. Freedom of Movement
v. Freedom to Reside and to Settle
vi. Freedom of Profession, Occupation, Trade or Business

The freedom enumerated in Art. 19(I) are those great and basic rights which are recognized as the Natural Rights.

Another obvious tool for privacy is technology even though it strongly interacts with legislation as well as markets and social norms. “Online privacy is having the ability to control information leaving you while online, and being able to exercise that control consistent with your values”. A specific example where more control may be given back to users is for digital identities and profiles information. The notion of self-profiling is also relevant.

From a technological point of view, the current solutions for privacy protection exhibit five role categories:
a) Awareness: features helping the user to understand privacy.
b) Detection: features looking for potential privacy problems often running in the background.
c) Prevention: features used as a precaution which are usually run when needed.
d) Response: features applying a countermeasure when a problem has been detected.
e) Recovery: features helping to get back to a “normal” state.

There are various technologies and tools available to forbid attacks on privacy when online applications are used, some tools are available for detection of actions that violate privacy accords.

4.3 Why Spam Is Hard to Stop

If we have ever spent an hour trying to coax, cajole, and threaten our computer into doing something it stubbornly refused to do, the following statement may come as a surprise: Simplicity is at the core of how the Internet works, especially when it comes to something as ubiquitous as e-mail. Part of what made it become so widely used is that it was easy for Internet service providers to implement and simple for software developers to program tools to use it.

The life line of e-mail is a set of Internet protocols and technical standards that are so simple, they’re called the Simple Mail Transport Protocol, or SMTP. We may have even seen the letters SMTP when we set up our e-mail software — it’s the technology by which e-mail gets sent from a sending e-mail server at an Internet service provider (ISP) to a receiving e-mail server at another ISP.

Now in present era popularity of the Internet grew, e-mail developed from a novelty to a necessity. All email now transported across the Internet is sent using the agreed-on industry standard, SMTP. Any server that “speaks” SMTP can send mail to, and receive mail from, any other server that speaks SMTP.

Because a server may be processing a dozen or more message connections per second, the SMTP “conversation” must be kept very brief. How brief? Well, before the entire e-mail message gets dumped onto a receiving server, only three pieces of information are received before the mail is delivered: the identity of the sending server, the From address, and the To address.

4.4 Way to stop spam in Outlook Express:
If you are tired of being cleaning the unsolicited mails from your mailbox, here our wise anti spam filter will help you to get rid of spam from your favorite email client i.e. outlook express. I am sure you have the same troubles as me. Here we are designing the filter which will prevent the spam of lottery and same type of words which we have used in our database of our filter. Those words will contain all the suspicious words regarding lottery. Whether we're in a business or home user, we can take control of our email spam and stop them with Anti-spam filter. It keeps important email in our inbox, and stops spam. Following is the detailed introduction of Anti spam filter for Outlook Express.When I start with my anti spam filter in Outlook Express. Luckily it was not as tough as I was thinking before setting the rules on our filter and even the most computer-ease students can make the message rules or apply it according to their need and requirement. In below steps I will describe how it possible could without taking any intervention from any side. Once we understand how to it works then it will be very easy for one who want to use filter without taking any hardware and hard measure components. In this little how-to I am going to give a brief introduction of how to set up a filter using Outlook Express.

Filter can be used in two parts - a condition, and an action. When condition occurs it will click the particular set of action according to circumstances that will trigger the action. The action is totally depending on what is going to happen when the circumstances described in the condition are true.

So here we are going to create a simple filter in Outlook Express that prevents any unsolicited mails which contains the words applied in our message rules:
Step 1: Open Outlook Express by double-clicking on the icon located on your laptop.
Step 2: In the list of folder of interface of outlook express. Click on the inbox folder and choose Option to create new folder called “spam”.
Step 3: After clicking the OK, a New folder “spam” will be created.

4.4(i) Creation of the filters used to scan the SPAM:
Now a special place has been created to put all unsolicited mails (spam folder), now the next task is to create the "filter" or mechanism which will exhibit the work according to the requirement and send all these useless emails in to the folder named “SPAM”.

The idea which we will use is to catch all the words or phrases which are frequently used by spammers in creating and delivering spam mails. For example, spammers may use the word "lottery" or the phrase "Win Prizes!!!". We will create a filter to fetch out these words and phrases and move all these mails containing these words what we have set to the “SPAM” folder for later purpose. The reason behind sorting out all these mails in separate spam folder is to reduce false positive chances. sometimes afterwards we may find any important mail in them after a detailed review.

After doing above things we have to press mail which is under message rules under the option name Tools.

click new->new mail rule dialog menu.

The dialogue menu will be used to customize and manage the spam filter. The mechanism what we are going to use is powerful mechanism.

We will be distinguishing this dialog menu into three parts:
1. The first section creates the trap for “SPAM”. We will be concentrating on mainly the 2nd and 3rd "Conditions" which relate to words contained in the “Subject line” and “message body”.

2. In the next section which describes how we use our mechanism with the catches email spam. Here we will do little bit more setting by clicking on “Move it to the specified folder" setting.

3. The third section is describes where you will add specific key words and phrases and define the specific folder you want “SPAM” moved. First, we will choose the specific words and phrases to catch “SPAM” according to our need by clicking the "contains specific words" link.

After clicking, new dialog box will appear where you can add as many words or phrases as per your requirement. A good procedure is to read you “SPAM” mail as you receive it in order to choose words that are specific to the “SPAM” messages that are unlikely to be found in your personal email. Don’t be ever too comprehensive. When you are finished, click "OK

You may now consider defining where you would like to redirect your SPAM. We will have to defined which folder we would like our “SPAM” moved to by clicking on the "specified" folder link.

A new dialog box will come allowing you can choose the folder where you would like your “SPAM” moved. By clicking on our "SPAM" folder and clicking "OK" we will be telling our filter to move all mail that contains our previously defined words or phrases to the “SPAM” folder. You can do this task either before starting the procedure or afterword. In this we have already mention our “SPAM” underneath the inbox.

Now you have to create the specific rule what you just created. I named the rule "SPAM SHOOTER" which catches the “SPAM” by using keywords and phrases which are mentioned in subject field of Email. After clicking OK and you will be returned to the main menu option.

After this you have just created your rule for filtering the messages and now with this you have two options:
1. After all this process it will start filtering your email messages. Any message containing the keywords and phrases defined in the subject line will be automatically will go to the SPAM folder.

2. When you Select the "SPAM SUBJECT" rule and click "Apply Now" will start the whole filtering process on all email within your Inbox.

.3. After the creation of filter has completed, you will get a dialog box indicates that the rules have been applied .Click "OK" that will come to your Inbox.

4. You are finished.
You have just created a “SPAM” filter for the need of Subject line of messages. You can also want to repeat this process as per the requirement. Over the next few months or years you will need to modify your rules by adding or removing keywords and phrases. The more time you spend in "pulling" your filter rules, the better “SPAM” filter you will have.

Anytime you need to modify your rules simply: You can do it without any hindrances.

5. Technology isn’t the only answer
Unfortunate reality of spam is that the technology of spamming is developing rapidly as the technology to stop it. In reality, the competition between spamming technology and ant spamming technology is very much a rigged game.

The success of e-mail is due in large part to the flexibility of e-mail technology and the fundamental premise on which it is built: Make it easy and reliable for anybody to send anything to anybody. The people who invented today’s e-mail protocols did a good job.

To the fight against spam, spammers are, ironically, proving in some ways that e-mail is as powerful and resilient as it is supposed to be. To prove it, spammers aren’t merely using e-mail — they’re abusing it in ways that are sometimes as elegant as they are obscene.

It’s doubly ironic that, in an effort to save e-mail from collapsing under the weight of spammers’ abuse, spam fighters are scrambling to create new technical methods of “breaking” e-mail of the flexibility that spammers exploit. It’s a little like burning down the forest to stop the forest fire.

Therefore the law assists all this is to act like an impartial, unbiased referee. If the game is rigged in favor of spammers, the law can step in and move the ball ten yards closer to the goal line.

5.1 Laws can do stuff that technology can’t
A law is able to decide that what may be “legal” according to the rules of e-mail software is definitely not legal in the eyes of the law. And, to the best of our knowledge, no software out there can throw you in jail for ignoring a programming command.

And the laws of spam also make things easier for victim of spam to hold their abusers accountable in ways that technology can’t.

Illustration, in bringing a traditional lawsuit, we often have to demonstrate damages. How much damage does a single spam message cause?

In recent year many countries in this world passed anti-spam laws to protect the privacy of net user.

5.2 Is Spam Already Illegal?
Many aspects of spam are unlawful and other consumer protection statutes dealing with unfair and deceptive business practices. Many services and products promoted via spam, like get-rich-quick schemes and quack medical remedies, are already illegal under existing laws. Spammers use many technical tricks to hijack e-mail servers are unlawful. Internet service providers (ISPs) have also successfully sued spammers under laws relating to trademark misuse and the private-property rights of network owners.

5.3 Anti Spam Law and its Position in India
We believe that spam emails come pretty close to those annoying telemarketing phone calls. It is absolutely not a fun to have the phone ring at breakfast time and to listen the voice on the other end asking us about a new credit card. That is the same thing with spam email. We do not want to have to go through our inbox deleting every other message just to get to the legitimate ones that are ones from our friends and family members. Email was supposed to be a much more easy and convenient way to keep in contact with friends and family. Unfortunately, spammers saw this as a perfect opportunity to keep our stress levels high.

A working group consisting of a member from the IT industry, privacy protector and IT secretary should be set up to invent a draft based on which an amendment to the IT Act will be finalized on spam mail. E-mail users know that no amount of filters can protect privacy from sending unwanted mails. Present era is known as technology era and India does not have any law to stop the spammers who normally overcrowded the cyberspace by repeatedly sending unwanted messages.

Spammers are violating the privacy of mail account holder by forcing to receive useless mails.

Developed countries has already enacted anti spam LAW such as USA and EUROPIAN COUNTRIES but the countries of third world such as INDIA do not have any anti spam LAW.

That law is being seen as a victory of the powerful marketing and advertising industries that wishes to use the benefits of spam over bona fide consumer interests.

The United States enforced its 1st federal law on spam. That law is called, The Can Spam Act, 2003. This law is an Act to govern inter-state commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail through the internet. It tries to provide various do's and don'ts for the spammer who aspires to be legitimate. This law is based on the "opt out “option.

Insuring the attack of marketing and non-solicited pornography activity, the email messages should be properly labelled if any unsolicited activity occurs. That law is being seen as a victory of the powerful marketing and advertising industries that wishes to use the benefits of spam over bona fide consumer interests.

5.4 Suggestion for Anti- Spam Law in IT Act, 2000 to protect the privacy of an individual:-

v Globally, more than 50% of all e-mail traffic is now spam.

v The problem in India is intensifying, at high cost to business and consumers. 50% of all e-mail in World is spam, with a significant 3% of it originating in India itself, and a further 20-40% from other Asian sources.

v An alliance of Internet-related businesses and associations must be formed to assist consumers and businesses by combating spam in India.

v Permission to send a mail to any stranger must be obtain and only one reminder will be send for such permission

v On decline to send the permission it would be presumed that the request has been turned down and use of the id except self must be strictly prohibited

v Spammers use tactics such as to avoid the detection and to encourage unsuspecting consumers to open spam mail. With every mail detail id of sender made compulsory so that his identification may be traced

v Sending mail containing the false information should be consider as a serious offence

v Any vague mail should not to be send to anybody, if any people acted upon the belief of any mail send to him, he should be compensated keeping in the mind, the common understanding by the intelligence of common people

v Any greedy or tempting mail should not be send to any person by making it an offence

v Discussion and development of industry best practices for commercial e-mail

v Evaluation of extent of the spam problem in India through both longer and short term projects

v In India, we can identifying the effectiveness of anti-spam legislation through wide survey

v The sharing of information would help to take a implementation action against high-volume spammers

v Legislation related to anti-spam must apply to companies as well as an individual who intend to use false subject lines in their Email. Criminal and civil penalties should be imposed for fraudulent e-mails.

v .Exhaustive assessment should be made to prevent reaping and the use of “dictionary attacks and prohibitions on the use of scripts to establish large volumes of e-mail accounts from which to send spam.

v To control the spam e-mail government is also making his involvement in a wide range of actors, including:

1. Developers and suppliers of anti-spam technologies Internet service providers (ISPs); commercial e-mailers;

2. Various policy departments, regulatory bodies and enforcement agencies of national governments;

3. Intergovernmental and other international organizations involved in policy co-ordination and the development of technical standards.

4. Civil society organizations that represent consumer and business interests; active end users, who monitor and report spam;

v Law related to anti-spam should not occupy only entities and individuals whose products are promoted in spam mail but also others who knowingly help in the transportation of unlawful spam.

6. Conclusion
Unfortunately spam become a large , complex and serious international , cross-sectoral problem, i.e. not only growing in volume but also changing in nature and must be tackled urgently by the co-ordinate efforts of all interested stakeholders in the information society.

Spam may be offensive or annoying to consumers and inflicts various additional costs, especially on individuals who is going to access the network through pay-per-use or low bandwidth connections, thereby hampering the development of Internet access.

Spam could provide a cover from cyber crime, such as online fraud and identity theft through “phishing which cause harm to individual consumers and impose costs on corporations and government agencies.

Therefore it is growing concern that if spam is not controlled, it would constitute a serious impediment to Internet use for consumers and users, and a significant roadblock to the development of e-commerce, e-government, and online public services, thereby reducing the “social value” of the Internet. So policy maker in developing and developed country must give the specific concern towards the spam and make a policy/law which is able to curb the spam floating.

7. References:-
Abhishek Yadav, Amit Tripathi, Gopal Prasad, Sudhir Kumar, Dr Pratika Mishra, Dr. Vrijendra Singh
Division of MBA & MSCLIS, Indian Institute of Information Technology-Allahabad, India
1:- SoftVu, www.softvu.com, Spam and the New Pony Express, September 20, 2007, Page No-3
2:- David Mertz, Ph.D, Noise Reducer,Gnossis Software Inc, Spam Filtering Techniques, August 2006, Page No-4-6
3:- Spam (electronic) from Wikipedia, the free Encyclopedia, Page No-1
4:- Net iq corporation, Controlling Spam, March 24, 2003, Page No-4
5:- Micro World Technology Inc, www.mwti,Spam by Govind Rammurthy is hard core ‘techi’ and founded Micro World Technology INS in 1995, Page No-2
6:- Official Journal of the European Commission (No l 281/31) Directive 95/46/CE of the European Parliament and of the Council of Oct 24, 1995(23.11.95), Page No-5
7:- The Constitution of United States of America (4th Amendment-Search & Seizure, Page No-1197{1791})
8:- P.M.Bakshi, Former Director, Indian Law Institute, the Constitution of India 7th Edition, Universal Law Publishing Co. Pvt. Ltd (2006),Page No-34

Authors contact info - articles The  author can be reached at: sudhiriiita@legalserviceindia.com

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Cyber Law category
Offences & Penalties under the IT Act, 2000
Online Copyright Infringement & Liability of Search Engines
Issue of Jurisdiction in Combating Cyber Crimes: Issues and Challenges Pornography and Indian Jurisdiction
Cyber Torts
Email Privacy & Anti-spam Law
Software Licensing Agreement
White Collar Crimes - cyber crimes
Cyber Forensics & Electronic Evidences: Challenges In Enforcement & Their Admissibility
Historical Perspective of Terrorism & Cyber Terrorism
Prevention of Cyber Crime
Cyber Crime - Issues Threats and Management
Electronic Signature: Legal and Technical aspect
Telecommunication laws in India and its drawbacks
Cyber Terrorism - Quick glance
Keyword Trademark Infringement - A Countrywise Analysis
Perspective of Information Technology
Most recent articles in Cyber Law category
E-Evidence in India
Cyber Jurisprudence An Internalisation In Indian Matrix
A study of Formation and challenges of electronic contract in cyberspace
Electronic Signature: Legal and Technical aspect
Proposed Amendments Affecting Transmission Service Provider
Cybersquatting and Domain Names
Right to Privacy and Social Networking Websites
Data Privacy And Cyber Security Policies Shaping The Legal Outsourcing Landscapes In India
Telecommunication laws in India and its drawbacks
A Clarion Call To BPOs In India
Social Media Governance In India
Prevention of Cyber Crime
Issue of Jurisdiction in Combating Cyber Crimes: Issues and Challenges Pornography and Indian Jurisdiction
Cyber Crime: Default in success of conviction due to lack of jurisdiction
Cyber Offences - A Technological Termite
Cyber Terrorism - Quick glance

Article Comments

Posted by Navnit Patel on November 30, 2014
help full

Posted by Anastasia on August 14, 2013
Hi there mates, pleasant paragraph and pleasant urging commented here, I am genuinely enjoying by these.

Posted by inheneaky on November 02, 2011
Hi, i think that i saw you visited my web site so i came to

Posted by rtyecript on August 25, 2011
I really liked the article, and the very cool blog

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
Execution of foreign decrees in India and the limitation related to the same

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
 ISBN No: 978-81-928510-1-3