The Spam problem
Spam, which today accounts for over half of e-mail traffic, represents a real threat for the future of e-mail service provision. Damages resulting from spam as well as those resulting from the anti-spam fight are suffered by all stakeholders, whether they are e-mail service providers, users, direct marketing professionals or simply senders of mass e-mails. Consequently, the anti-spam fight turns out to be essential, and requires the effort of all users, both technically and legally.
The technical fight against Spam
The technical fight is a common fight, which assumes the development of technical rules by e-mail service providers, but also a change in behaviour, from recipients of electronic messages to senders of these messages: these two categories of users must in fact ensure the security of their machines, and adopt a proper behaviour in the face of this Spam problem.
The technical fight of e-mail service providers against Spam entering on their platforms
Each e-mail service provider applies rules specific to himself, and which depend in particular on the size and the architecture of his platform. Overall however, it is possible to separate, on most of these platforms, two filtering levels of incoming e-mails:
- Filtering at entrance to the platform: when a server wishes to send a message to another server, it establishes a connection with the latter. During the connection, it gives several information, in accordance with predefined steps, such as its name or the recipients of its messages, before transmitting information which contain the message intended to be received by the final user. By means of many rules, throughout this connection, it is possible to check compliance of the outgoing email server with certain criteria, in particular in terms of configuration and of behaviour. If a rule decides that the outgoing e-mail server is not technically genuine for transmitting its messages, the connection is interrupted and the e-mails are not processed by the recipient server. In this case, the outgoing e-mail server is informed of the communication failure, and retains responsibility for the subsequent transmission of messages which could not be distributed. From then, it is its responsibility to resolve the cause of the communication failure, by means of the error code received or, if necessary, by contacting the remote technical teams.
- Filtering after e-mail reception: once the e-mails are accepted by the server of the recipient's e-mail service provider, the latter can use certain anti-spam filters which will help its users to sort out messages that are probably spams and those that are not. Final message recipients can install anti-spam filters themselves on their work station.
The technical fight of all stakeholders against outgoing Spam
Fighting against undesirable e-mail users at the reception stage is not sufficient. Indeed, an effective fight against spam requires attacking the problem at source. Most spams today are generated automatically by robots, from online e-mail service providers (webmails), or by corrupt computers, i.e. whose poor security system has enabled a third party to take control over it. This phenomenon threatens the very existence of e-mails.
For this reason, the AFA recommends a minimal set of rules which all users are encouraged to follow, mainly internet service providers, e-mail software publishers and e-mail service providers, whether they offer their services to the general public, to employees of a company or to members of a university community.
The need for user involvement
As a potential spam broadcaster or final recipient, the user has a key role to play in the fight against spam.
First of all, a high proportion of spam currently originates from machines infected by malicious software programs, which endanger both personal data stored on these stations, as well as the electronic communication networks. Thus, for the internet user, securing one's computer is not only a self protection measure but also a responsible behaviour towards other users of the network.
Then, as a final spam recipient, the user can use various means for protecting his e-mail address and his mail-box, which represent as many obstacles for the activities of spammers. In the anti-spam fight, the user's cooperation with e-mail service providers by informing them of certain spams, can also be of valuable help.
In order to better inform users of these points, the AFA Contact Point has developed a guidelines page intended for them.
The need for e-mail sender involvement
E-mail senders, more so if they have numerous transmissions, must also change their behaviour by keeping in mind this massive Spam problem. It is firstly essential that these users secure the machines that they use for sending their e-mails and that they respect the communication protocols in force. It is then very important that these users join hands in the common anti-Spam fight, by making an effort to distinguish their behaviour from that of the spammers.
To help these users to adapt their behaviour to this situation, the AFA has published a guidelines page for senders of mass e-mails.
The legal fight against Spam
The legal fight is also a must in the overall fight against Spam. Most aspects of Spam in fact represent criminal offences, and an effective application of the French law would enable punishment of users' use of private data as well as the viral intrusions in users' connection station, or the remote control over this connection station.
However, application of the law is not easy, for two particular reasons.
The first is due to the difficulty, for legal authorities, to find those responsible for intrusions and malicious software programs which today represent a very important source of Spam. The technical fight and good communication practices and self-protection remain therefore essential.
The second is due to the fact that the Spam recipient user is, in the state of French law, the only party deemed to benefit from an "interest to act", according to the law: he is thus the only party who can sue a spammer.
It is however difficult to ask users to sue each spammer who sends them a message, after ascertaining that the spam's origin is probably not a corrupt machine infected by a computer virus. On the other hand, email service providers have the technical and legal competences to carry out such actions, and their users ask them to take appropriate measures: but the law does not acknowledge the right for an Internet service provider to act in this situation.
For this reason, the AFA and its members have proposed, during debates on the bill relating to confidence in the digital economy in the French Parliament, that they are given the legal right to act on behalf of their users. Their proposal was to insert, at the end of the article setting out the principle of prohibition of direct promotion without receiving the prior consent of its recipient, the following paragraph:
« Any electronic communication services operator whose equipment has been used to commit a breach of the provisions of this article or of the provisions of article 226-18 of the penal code can exercise the rights acknowledged to a party in civil matters with regards to this breach ».
The Parliament did not finally recognise the right to act, in the situation, for Internet service providers. The AFA and its members persevere however in their claim, which, if taken into account, would contribute to a better application of the French law.
Common initiatives against Spam
Because the fight against Spam, whether it is technical or legal, relates to all Internet stakeholders, the AFA encourages common initiatives. The AFA is also the founder member of Signal Spam and a member of the contact group of participants in the fight against the Spam.
The AFA, founder member of Signal Spam
The AFA is a founder member of Signal Spam, an association under the law of 1901 created in November 2005 following the works of the concerted public/private dialogue platform driven by the Directorate of media development, a Prime Minister's department.
The objective of Signal Spam is to fight Spam and its effects, through the active participation of all concerned stakeholders according to their own constraints and expertise. Fitting in perfectly in the pre-existing context of the fight against Spam, Signal Spam proposes to internet users an information site, taking up again the public and private recommendations on the subject. It will soon propose, among other practical applications, a spam identification tool as well as assistance for unsubscribing from certain mailing lists.
The contact group of participants in the fight against Spam
The AFA also participates in the works of the contact group of participants in the fight against Spam whose creation was decided by the French government in July 2003, and which is driven by the Directorate of media development.
The purpose of this contact group is "to facilitate and to support the implementation of concrete actions contributing to reduce "Spam", in its causes as in its effects"; these objectives are also those of the AFA.
Document posted on-line on: February 25, 2005
Updates: November 16, 2005; April 26, 2006; July 19, 2006
Fight against spam
