Is there a legal solution to spam?
Who will propose a legal solution to the mounting problems associated with unsolicited commercial email (commonly known as "spam"). The need for a solution is pressing: spam is swamping the cyber world. Yet the attempts at stanching the spam deluge with trespass lawsuits and legislation have been unsuccessful. Can we sue spammers for private nuisance? The advantages of using nuisance have gone largely unexplored in the academic literature, and no plaintiff has litigated a nuisance claim against a spammer to a final judgment in a published court opinion. Nuisance doctrine can (and should) play an important role in the overall strategy to eliminate this omnipresent menace to the Internet - before, spam succeeds in "killing the killer."
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