According to the Merriam-Webster dictionary, the term spam refers to unsolicited usually commercial messages (such as emails, text messages, or Internet postings) sent to a large number of recipients or posted in a large number of places. While it is quite true that the most common means of spamming is via electronic mail or email, spam may also be sent by text messaging applications, phone, blogs, social networks, and even paper correspondence.
By the way, according to the Hotmart blog, the word “spam” was popularized by British comedians Monty Python when they went to a restaurant to stage a scene composed of a group of Vikings (played by the comedians) watching a couple ordering dinner. At the time, an American brand of canned, spicy ham was marketed in England as “spam” (derived from Spiced Ham). In the restaurant where the comedy scene took place, this “spam” was served with every dish. Thus, even if customers did not order it, they ended up being served the canned product. Observing this, the humorists began chanting the word “spam,” disturbing everyone in the restaurant.
Although, for the most part, electronic spam is sent for promotional purposes, spam can take licit or illicit forms involving chains, fake news, malware (malicious software), viruses, frauds, political advertisements, etc.
However, under the General Data Protection Law (LGPD) and after the Marco Civil da Internet edition, we still do not have specific legislation in Brazil to regulate spam use and traffic. The LGPD protects personal data and, therefore, can be used palliatively to question the framing on a specific legal basis to collect, use and store someone’s personal information (which may include email) and whether they identify an individual or make them identifiable. However, the Marco Civil da Internet is primarily concerned with delimiting responsibilities, especially for internet providers, in addition to rights and guarantees for users.
A comparison of the two sets of rules reveals the following features:
In any case, the rules above deal only with spam recipients’ personal data or that of someone mentioned in their content, but not with the mass sending of such messages.
Although the lack of specific legislation constitutes the current reality, several bills are passing through the National Congress to regulate or prohibit spam. They are listed below:
On the other hand, some lawyers defend the framing of spam in Art. 186 (Anyone who, by voluntary action or omission, negligence or imprudence, violates the right and causes harm to others, even if exclusively moral, commits an illegal act) of the Civil Code and in Art. 286 (Incitement to Crime – Publicly inciting the practice of crime: Penalty – detention, from three to six months, or fine) of the Criminal Code.
An example of existing regulations that have affected spam regulation is the CAN-SPAM Act of December 16, 2003, an United States law that established the following rules:
Despite the laws mentioned above, some common-sense rules should be followed by email users to prevent spam and the consequences resulting from its use by third parties:
- Never respond to or complain about spam messages, however attractive or irritating they may seem.
- Never believe in tempting offers or unrealistically good deals, as well as sensational news.
- Avoid forwarding spam messages to someone you know, as their content could be misleading or even illegal.
- Get in the habit of setting up your email program so that you can preview your messages before opening them.
- Avoid using your private or business email to subscribe to newsletters or access websites, or register for things. Instead, use a free email from platforms like Gmail, Yahoo, Outlook, etc., created just for that purpose.
- Use email addresses that don’t reveal your name. Ex: ad3842@gmail.com.
- If possible, do not publicly disclose your email.
- Due to the widespread use of bots and spiders on the Internet, try to display your email address on your website by spelling it out in full. Ex: ad3842 at gmail dot com.
- Use an anti-spam filter if your email program doesn’t already have one.
- Do not click on links within messages that could be considered spam.
- Make it a habit to read the privacy policy before registering for anything on the Internet for any purpose. And if there is no privacy policy or option to unsubscribe from their emails, think twice before doing so.
- Even if you do subscribe to a newsletter or service, and you agree to receive emails, never click on the box that states that you will accept email from third parties.