| Abstract [eng] |
In this Master‘s thesis an increasing problem of electronic universe – the spread of unsolicited Electronics commercial emails, otherwise called spam - is analyzed. Due to this not only material losses are incurred, but also person‘s privacy, dignity and free will principles that are enshrined in various constitutions, International conventions are breached. Conception and qualities of spam are revealed in the first chapter. In the second one, legal acts regulating spam in 5 countries (Lithuania, Australia, Argentina, the USA and Russia) were analyzed using comparative and document analysis methods and in accordance to chosen criteria. It was examined whether spam is called and perceived in the same way in various legal acts, as well as how broadly the contents and sending of spam is regulated, what are the established duties for senders of electronic commercial email. Besides, boundaries of legal liabilities, that are set in case of non compliance to legal requirements and violations of rights of the users of email, are researched. Problematic issues of jurisdiction in electronic universe are discussed. An empirical survey was carried out in order to investigate if in practice subscribed electronic commercial emails are in compliance with the legal acts of the above mentioned countries. The program, course of actions, results and findings are disclosed in the fourth chapter. In addition, the role of self-regulation and the responsibilities of intermediaries are analyzed, as well as cases of court practice, newest and threatening forms of distribution of spam, relevant statistical data are presented. To conclude, possible means of solving spam related problems and prospects of possible improvements are laid. |
