Control of spam: a comparative approach with special reference to India

Spam and other related online threats are a real concern to all Internet users as they can lead to online fraud involving counterfeit websites, the theft of personal data such as credit card information, personal information through illicit access to computer systems and false or misleading representations in the market place. These are not imaginary threats but are supported by empirical evidence. This wastes time to users opening spam with misleading subject lines, wastes Internet resources trying to block it, consumes storage and bandwidth, and costs money in fighting it. E-commerce cannot flourish in an uncertain environment where security of personal data is not guaranteed. With the aim of boosting confidence in online commerce and protecting the interests of consumers, governments have introduced anti-spam legislation to protect consumers and businesses. This legislation has introduced different parameters. However, legislation alone cannot prevent spam. It is to be combined with technological measures. There is no separate legislation in India to deal with this problem. This paper analyses technological solutions and legal measures in the light of trans-national developments to provide background for any judicial decision making or legislative policy in India.