Are pop-ups spam?

"Computer users are often bombarded with annoying pop-up advertisements. Separately, they also are often bombarded with annoying "spam"-- unsolicited commercial email. Can the pop-up ads be thought of, legally, as a form of spam?"

Read more at: http://practice.findlaw.com/cyberlaw-0205.html

Comments

s.saeedi said…
I would think so... the way I see it, in Australia an email is considered spam when it is an unsolicited commercial message received to some device (for lack of a better term) with an Australian Connection, usually in an email inbox. It doesn’t really matter whether you open the spam message or not, the fact that you have received it is the ‘illegal’ part. In the same way, pop-ups, are unsolicited commercial messages, which you receive; the only difference is the display of those messages. So pop-ups, I think could be considered as a form of 'spam'.

With reference to the article/Utah case, two comments: firstly, I wouldn’t think this case means too much to Australia since the Spam Act (Cth) refers to ‘messages’, not emails; a pop-up is still a message. Secondly in the Utah case a distinction was drawn between email spam and sending letters. I think this distinction doesn’t work and has missed the point. In most cases, I would think that when you have received spam, it was most likely because your email address was harvested along with thousands of others, or was automatically generated, rather than being “sent to specifically predefined destinations”.

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