Autor: Adrian Cristian MOISE

Publicat în: Revista de Științe Juridice Nr. 2/2015

Disponibil online: aici.

A few considerations on the criminalization of Spamat international level

Abstract: In this study is carried out an analysis regarding criminalization of spam at international level. Starting from the definition of spam, first of all is analysed the problem if spam or unsolicited message could be criminalized by the provisions of article 5 of the Council of Europe Convention on cybercrime, as spam may overload the computer system functioning. Moreover, the study presents and analyzes spam regulation in the legislation of the United States of America, as well as the level of the European Union.
In the United States of America, the most important regulation related to spam is CAN SPAM Act of 2003, which was created with the purpose to have an unique national standard to control commercial e-mail messages. This law does not apply to messages related to transactions and existent business relations. At the level of the European Union, the most important European legal instrument in the field of unsolicited commercial communications is Directive 2002/58/CE on privacy and electronic communications, which
does not approach directly the spam, but could be applied to collect e-mail addresses which are under the incidence of personal data. In the end, the study analyzes the possibility of criminalizing spam in the
Romanian legislation, although this new offence which is committed in the cyberspace is not expressly regulated in the Romanian criminal legislation.

Keywords: spam; cybercrime; information system; Internet; e-mail.