Law in the Information Society

More on the Spam front. The legislation presently being considered by the Australian Senate is discussed in the following article.Australian IT - Microsoft calls for spam amendments (Kate Mackenzie, OCTOBER 28, 2003) I particularly like this quote from an Australian Senator: "Spam is spam, whether it's pushing Viagra, votes or the Vatican" As we discussed, in the Canadian constitutional context, commericial speech is entitled to protection from unjustified government regulation, just like other forms of speech, but the standard used in balancing under section one of the Charter may be somewhat different for commerical speech. I am curious what students think - should anti-spam laws concentrate on commercial speech, or should they focus on all forms of bulk emails?

As well, I note from the story that Microsoft wants a clearer definition of the circumstances under which consent to received email will be assumed. I can understand that position. However, it also wants provisions included in the bill allowing for private suits against spammers. I am curious why Microsoft would be promoting that provision.