Especially, the regulation of E-mails is involved with the constraint on the speech freedom inevitably, which has the top priority in some countries’ views of values such as the U.S.A where the regulation of E-mails must be within the sphere of the first amendment of American Constitution. That’s why the latter article which stipulates that participants must protect and respect the privacy and the speech freedom as contained in the relevant parts of the Universal Declaration of Human Rights and the Geneva Declaration of Principles follows the former article that propose the participants to counter spam and take “measures undertaken to ensure Internet stability and security, to fight cybercrime and to counter spam” closely. [35]
Third, the issue of anti-spam is not important and prior enough at the same time with its complexity.
After all, the issue of counter-spam is just a small one. Most of countries do not list it as the top priority within the agenda and arrangement of government. The pressure for the government to counter spam and make legislations to control spam is mostly from the interest group of the electronic business and the industry of internet business. For example, one survey demonstrated that only about one of the fourth thought the spam as a problem. [36]The governments have more prior issues listed in the governments’ agenda with limited resources. It is not realistic for governments to invest many resources into the international cooperation for anti-spam and cross-border enforcement.
4. Conclusion: Internet Governance and the Role of International Law
The emergence and application of internet has brought about many international issues and problems. The domestic endeavors just with one country or a few ones cannot solve the problems thoroughly without the effective mechanism of international cooperation and the help of other countries. Thus, the solution of new problems and internet governance is in much need of an effective mechanism of international legal cooperation.
However in reality, there are not a few international law of international cooperation in the new field of cyber space, but following the historical order mostly. For instance, in respect of naming and numbering governance on the internet, the EU once recommended that the ITU should substitute for the Internet Corporation for Assigned Names and Numbers controlled by the U.S.A., and thus the ITU standing for not only the developed countries but also the developing ones would have the universal power to manage the Domain Name System. This proposal was refused by the U.S.A., so the international legal structure of naming and numbering governance on the internet was not substantially changed towards the multilateral level.[37] We can see from the case study of anti-spam that it is a harsh and highly variable in what the role and function of international law in the field of internet governance in the future.
【作者简介】
沈朝晖，北京大学法学院金融法中心博士生。
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