Update, March/April 2006: Info on AOL's 'email tax'
One of the most hotly-contested issues in the realm of law and technology, spam is viewed variously as a privacy-invading barrage of junk, a resource drain, and a legitimate method of reaching consumers. Generally defined as unsolicited, bulk, commercial mail, spam isn't a problem with tidy solutions. Drawing a line between spam and non-spam, or, more importantly, deciding who gets to draw that line, is a tricky problem that invariably implicates free speech.
Fundamentally, EFF believes that email recipients should control when and how they receive their mail. To the greatest extent possible, anti-spam measures should be controlled by end users, and any measure for stopping spam must ensure that all non-spam messages reach their intended recipients. When antispam measures prevent activists and nonprofits from sending and receiving bulk noncommercial mail, EFF considers this a problem commensurate with the problem of spam itself. Another problem arises when antispam measures sacrifice a citizen's ability to engage in anonymous free speech, which the Supreme Court has ruled countless times is protected under the First Amendment.
Spam is currently regulated by state and national laws, as well as thousands of company policies. Antispam grassroots groups and software developers also provide tools designed to stem the flood of unwanted mail. EFF is involved in lawsuits, policy discussions, and activist campaigns to make sure that antispam measures don't go too far — that they don't stamp out our liberties in the process of liberating our inboxes from unwanted junk mail. That said, EFF enthusiastically endorses antispam measures and policies that preserve free speech by allowing users to determine what kinds of messages will be filtered out and which ones won't.
Text of CAN-SPAM Act (S. 877)
CAN-SPAM is the first Federal law which regulates unsolicited commercial email and delineates punishments for spammers. EFF considers it to be a misguided law that will chill the environment for free speech and have very little effect on spam. It went into effect on January 1, 2004.
Additional EFF Comments For CAN-SPAM Act [PDF]
April 9, 2004 - ANPR Docket ID 3084-AA96/16 CFR 316
Unsolicited Commercial Electronic Mail Act of 2001
February 14, 2001 - Full text of the UCEMA, as introduced in the US House of Representatives. An anti-spam bill, very poorly-written like the others before it. Principal sponsors: Wilson, Green, G. Miller, Goodlatte.
EFF letter to legislators opposing HR 3888
April 29, 1998 - EFF letter to legislators opposing a misguided anti-spam bill, HR 3888 (1998), that would adversely impact mailing lists, individuals' freedom of expression, and online privacy, while essentially legitimizing many spams.
Noncommercial Email Lists: Collateral Damage in the Fight Against Spam
2004 - This white paper argues that the free speech of groups who manage large noncommercial mailing lists is being chilled by current antispam techniques. The paper also includes a section on best practices for balancing antispam efforts and free speech for online service providers and mailing list managers. If you'd like to show your support for the principles outlined in this paper by signing on to it, email annalee@eff.org.
EFF's Spam Statement
October 16, 2001 - An overall statement of EFF's principles in dealing with spam and antispam measures.
Ferguson v. Friendfinders
Information regarding the case Ferguson v. Friendfinders Inc., testing the constutionality of a California state anti-spamming law. EFF submitted an amicus letter to the Calif. state Supreme Court in 2002 urging them to overturn the incorrect ruling of the state appeals court.
Intel v. Hamidi
Directory of information regarding the suit filed against Kourosh Kenneth Hamidi for trespass to chattels for his using Intel's email system to communicate with Intel employees after he was fired. In 2003, the California Supreme Court ruled that Hamidi did not trespass on Intel's computers.
SpamAssassin
One of the most popular anti-spam solutions.
ROSKO
The Spamhaus Project's Register of Known Spam Organizations
Coalition Against Unsolicited Commercial E-mail
A volunteer organization that lobbies for laws that will stop spam.
Open Mail Relays
Although scorned by antispam groups, open mail relays can be used to facilitate anonymous free speech.
A Plan For Spam Paul Graham's discussion of Bayesian filtering techniques.
Sender Policy Framework
Using DNS to verify SMTP.
Fighting Spam with Honeypots
Disable Spammers by... accepting spam! (Implementation: Honeyd)
Spam and the Internet
Hormel's position on the matter
The Jargon File: Spam
Definitions of the word in question (in the non-Hormel sense)