Spoofing is one of the newest forms of cyber-attack, a technological methodology adapted to mask the identity of spammers who have faced hostile reaction in response to bulk, unsolicited, electronic mail messages.[1] Sending Spam, however, is no longer the only reason for deception, as crackers have taken pleasure in the challenge of manipulating computer systems and, additionally, find recreational enjoyment in doing so. In this legal Note, the author’s intent is to show that criminal, rather than civil liability is the best way to effectively deter and punish the spoofer. The injury that results when a computer system’s technological safety measures fail to adequately safeguard the system affects not only the owner of the hijacked e-mail address, but also the Internet Service Provider, and the Network as a whole. Current Anti-Spam Legislation is arguably ineffective at targeting these particular types of malicious attacks, and a different legal approach is suggested.
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