期刊名称：The John Marshall Journal of Information Technology & Privacy Law
印刷版ISSN：1078-4128
出版年度：2013
卷号：22
期号：1
页码：8
出版社：The John Marshall Law School
摘要：Traditional forms of mailing advertisers bear the full cost of delivering advertisements to consumers. However, this is not true in the form of all e-mail advertisement, spam or not. E-mail users subsidize part of any e-mail advertisement, thereby splitting costs between advertiser and the consumer who receives the e-mail advertisement. This article takes the position that the subsidization that occurs in e-mail advertisement should be eliminated because it unjustifiably violates individual freedom. The article discusses why the delivery charges between sender and recipient are divided, why such cost-division violates freedom, and whether the violation is justified. The article also defines spam and discusses why the sending of spam unjustifiably violates freedom. A statute is proposed to redress that situation. Non-spam advertisement is discussed, also with the stance that non-spam advertisement is also unjustifiably violates freedom and a second statute is suggested to remedy the situation. Finally, the article concludes with the question of how approaches to spam ought to be applied to non-advertising e-mail.
