2. Legal Structure of international E-mail regulation and cross-border enforcement
The present international cooperation mechanism and international legal orders are introduced in the following three parts : the coordination work of international organization, bilateral agreements, and multi-lateral agreements.
2.1 Anti-spam coordination and efforts of international organizations
2.1.1 OECD
In order to coordinate the anti-spam work of governments, enterprises and non-governments, Organization for Economic Cooperation and Development（OECD） Task Force to Coordinate Fight against Spam was established by OECD as early as August,2004 ,with the aim of ensuring every participant focusing its efforts on priority areas, improving coordination between different policy communities. Its key objectives include coordinating international policy responses in fight against spam, encouraging best practices in industry and business, promoting enhanced technical measures to combat spam along with improved awareness and understanding among consumers, facilitating cross-border law enforcement，and benefiting developed and developing economies alike.[11]
OECD further published “Anti-spam Toolkit of Recommended Policies and Measures” in April,2006[12]as one of the main achievements. The toolkit involves eight aspects: regulatory approaches, enforcement, industry-driven initiatives, technical measures, education and awareness initiatives, cooperative partnerships, spam metrics, and global cooperation, etc. It is so comprehensive and specific that almost includes every aspects in supervision.
2.1.2 APEC
Lima Declaration was announced by APEC ministerial meeting in June,2006 with annex E “APEC Principles for Action against Spam”， [13] a set of principles aiming at eliminating spam, and the seven anti-spam principles forms the main contents. They are: cornerstone function of high level government commitment and a multilayered approach to the effective control of spam; key component role of strong domestic anti-spam regulatory measures in the undertaking of anti-spam activity; importance of anti-spam technology and standards in the fight against spam; the identification of an agency/agencies to undertake domestic action and negotiate international coordination and cooperation; the key role of the Marketing, ISP and ESP industries, as well as consumers in promoting anti-spam responses; the essentialness of domestic and international cooperation to control spam and its effects; the work of other organizations, domestic and international, resource function for anti-spam action plans; the necessity of efforts to make proposals and activity coordinated and consistent. There are also implementation guidelines, besides.
2.1.3 ITU, WSIS, and the Internet Governance Forum
The first and second stages of WSIS was held separately at Geneva and Tunis in 2003 and 2005,called by ITU. “Declaration of Principles （Geneva）” and “Plane of Action （Geneva）” were the first staged achievements. “Spam is a significant and growing problem for users, networks and the Internet as a whole. Spam and cyber-security should be dealt with at appropriate national and international levels. ”[14] which was says in “Declaration of Principles （Geneva）” on building confidence and security in the use of Information Communication Technology.
One of the two main topics of World Summit on Information Society（ second stage） was internet governance[15]with anti-spam concrete contents. The importance of multilateral, multi-stakeholder participation and international cooperation was recognized in final documents “Tunis Agenda for the Information Society” by representatives, which also manifested their confidence in dealing with spam issues, suggesting multi-pronged approach to counter spam which includes consumer and business education, appropriate legislation, law-enforcement authorities and tools, continued development of technical and self-regulatory measures, best practice, and international cooperation, etc. [16]
The Internet Governance Forum , function of which was providing a forum for public and private stakeholders to further discuss net governance issues , including spam, after WSIS, was established according to the summit.
2.2 Bilateral agreements
Australia is an active external anti-spam driving force. Memorandum of Understanding Between the Korea Information Security Agency and the Australian Communications Authority and the National Office for the Information Economy of Australia Concerning cooperation in the Regulation of Spam was signed in October,2003, with encouragement of exchange of information about policies and strategies for establishing and enforcing anti-spam regulatory frameworks, information and strategies about the effective use of regulation policies by government and in support of Government enforcement, intelligence relating to a third country gathered as a result of government enforcement, and industry collaboration. Commitments on the establishment of liaison office for information exchange, delegation and visits exchange were made.[17]
