Unsolicited Commercial E-mail, Privacy Concerns Related To Social Network Services, Online Protection of Children, and Cyberbullying

Electronic spam or Unsolicited Commercial E-mail (“UCE”) refers to the dissemination of identical e-mail advertisements to thousands or more recipients. Spam is extremely cost-effective for those who generate it. However, the cost to Internet Service Providers (“ISPs”) – for infrastructure costs for filtering and virus-checking systems, time and cost of handling customer complaints, and wasted network bandwidth and storage capacity – and costs to corporations with company e-mail – for lost productivity in addition to infrastructure and network costs similar to those of ISPs – are astronomical. Congress responded to the growing frustration and losses attributable to spam by passing the CAN-SPAM Act of 2003. In addition, thirty-eight states currently have legislation to curb spam. These laws and related litigation are discussed. While UCE has been a nuisance for several years, an up-and-coming source of online intrusions is social network services. These online clubs serve a wide variety of interests such as professional networking or social interactions. Only some of the services require registration to view the online profiles of other registered members while most provide the opportunity to link from one registered member to another through a friend or associate list. Many of the privacy concerns associated with social network services stem from information voluntarily posted by the registered members themselves. Other problems arise when the services are linked with the registered users’ e-mail databases. These problems and the initial attempts to deal with them are discussed in the context of some of the most popular social network services. Both federal and state legislators have recognized and addressed the need to protect children who use the Internet from inappropriate content and information gathering. Federal protection has taken the form of three statutes. First, the Child Online Privacy Protection Act (“COPPA”) applies to commercial websites that target children under age thirteen or that have actual knowledge that they are collecting information from a minor, and it mandates several requirements for the collection, use, and disclosure of personal information about * Usha Munukutla-Parker is a J.D. candidate at The Ohio State University Moritz College of Law, class of 2007. Usha holds a B.S. in electrical engineering from Tennessee Technological University and an M.S. in electrical engineering from Virginia Polytechnic & State University. 628 I/S: A JOURNAL OF LAW AND POLICY [Vol. 2:3 children. COPPA empowers states’ attorneys general to bring civil action against violators of the Act on behalf of state residents. Second, the Child Online Protection Act (“COPA”) prohibits the transmission of material to children that is for commercial purposes and may be harmful to minors. The Supreme Court has upheld a temporary injunction on the enforcement of this Act. Finally, the Children’s Internet Protection Act (“CIPA”) requires schools and libraries to filter online content to prevent minors from being exposed to inappropriate content in order for those facilities to retain federal funds. The constitutionality of this statute has withstood challenge. A relatively new and growing threat to children online is cyberbullying. Cyberbullying is a form of online harassment that may be accomplished through the posting of cruel or even threatening messages. Unlike cyberharassment or cyberstalking, which involves adults, cyberbullying involves minors on both sides of the harassment. Parents, school officials, and legislators are beginning to take notice of the problem and issues that arise in trying to curtail the practice. I. UNSOLICITED COMMERCIAL E-MAIL