Busting Blocks: Appropriate Legal Remedies for Wrongful Inclusion in Spam Filters under U.S. Law

15 Pages Posted: 15 Nov 2006  

Jonathan I. Ezor

Touro College - Jacob D. Fuchsberg Law Center

Date Written: November 13, 2006

Abstract

This paper discusses the growth and increasing significance of e-mail in the business and personal environment, and how unsolicited bulk commercial e-mail, also known as spam, has become a significant drain on technical and economic resources. It analyzes the statutory and self-help efforts to combat spam, focusing on block lists and automated spam filters, and how alleged spammers have brought lawsuits in U.S. courts claiming they had been wrongfully included within block lists and filters. Finally, it describes possible claims under U.S. law, then argues for a higher standard of care among block list vendors and the need for recourse to courts when self-help remedies for mistaken block listing fail.

Keywords: spam, filter, blocklist, block list, UCE, unsolicited commercial e-mail, e-mail, email, spammer, spammers

Suggested Citation

Ezor, Jonathan I., Busting Blocks: Appropriate Legal Remedies for Wrongful Inclusion in Spam Filters under U.S. Law (November 13, 2006). Available at SSRN: https://ssrn.com/abstract=944551 or http://dx.doi.org/10.2139/ssrn.944551

Jonathan I. Ezor (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States
6317617119 (Phone)
888-549-7073 (Fax)

HOME PAGE: http://www.tourolaw.edu/iblt

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