Following the mixed success of EU anti-spam legislation, and the coming into force of the much-derided CAN-SPAM Act in the US, the European Commission is looking to tighten European laws on controlling unsolicited commercial e-mail, according to Reuters.

Although the EU has already passed a 2002 Directive dealing with spam, cookies and privacy issues in electronic communications, it has not been an overwhelming success.

Due to be implemented by member states in October last year, nine member states have yet to take the appropriate measures to bring the rules into force, and the Commission is now in the early stages of action against these states to force implementation. In other states, while the rules have been implemented, they are not consistent and problems of enforcement or penalties remain.

The Commission is looking at spam anew, according to a Reuters report, and will publish a policy document next week that calls for tougher sanctions against spammers.

"Member states and competent authorities should ... create adequate possibilities for victims to claim damages and provide for real sanctions, including financial and criminal penalties where appropriate," says the policy paper, according to Reuters.

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