Opting Out of Spam: A Domain Level Do-Not-Spam Registry

Spain, or unsolicited commercial email, drastically lowers the costs of advertising directly to prospective consumers by exploiting open electronic mail protocols. And it has become an obnoxious big business. Markets, norms, and technological measures have all failed to change sufficiently the economics of the spain business model. Spare is clogging businesses' servers and users' inboxes, and costing too much money and time in return for too little benefit.

This Note argues that despite widespread criticism, current federal spain law has in fact effectively targeted the most egregious senders. But it has also created an entitlement to send spam--one free message-before a recipient's wish to avoid spain must be honored. This reverses the entitlement set in other media and ignores consumer demand for privacy and a Do-Not-Call Registry for email.