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因特网的发展与便利形成现代社会中不可或缺的存在,电子邮件的便利跨越时空的限制,使得人与人之间的联系紧密维护,然而垃圾邮件(Junk E-mails)却同时造成使用人相当的困扰,不但增加层层过滤信件的时间,也引发部分正常信件经过封锁名单(Block Lists)及垃圾邮件清除器(Spam Filters)的使用,反而被归类到垃圾邮件的分类。本文建议应考虑垃圾邮件发信人查缉不易与变换位置迅速的缺点,参考美国经验并检视美国法规制度与实务判决等方面,再衡量既有法制解决此类问题将面临的困难与障碍,从而提出设立新法的建议与内容,希冀能为垃圾邮件防止法提供省思与依据。
The development and convenience of the Internet form the indispensable existence in the modern society. The convenience of e-mail transcends the time and space constraints, making the connection between people closely maintained. However, spam (Junk E-mails) , It not only increased the time spent filtering mail, but also led to the use of some normal letters through Block Lists and Spam Filters. Instead, it was classified as spam. This paper suggests that we should consider the shortcomings of the sender of the junk mail, which is not easy to find and change quickly. We should refer to the experience of the United States and examine the aspects of the U.S. regulations and substantive judgments, and then weigh the difficulties and obstacles that the existing legal system will solve such problems. The new law’s recommendations and content, hoping to provide proof and basis for the prevention of spam laws.