The government must decide whether to make sending spam a criminal or civil offence if it wants to deal with the problem, according to the Internet Services Providers' Association (ISPA) UK.

The trade body voiced its concerns about a lack of legal clarity in its submission to the UK consultation on the Privacy and Electronic Communications Directive, which comes into force in October.

ISPA UK insisted that the lack of a clear and effective legal framework will make it harder for the industry to play its part in bringing spammers to justice.

The nature of the offence will determine the type of investigation to be pursued by the authorities, and the action to be taken against those who break the law.

ISPA UK said that the government must consider the resources that authorities will be allowed to commit to such investigations.

"It's not just about punishment or reparation. In order to enforce the new law the legal status needs to be clear," a spokesman told vnunet.com.

"This will allow the industry to play its role in ending spam and ensure that ISPs don't face potential problems with other laws such as the Data Protection Act or human rights legislation."

ISPA UK suggested that if the government determines that sending illegal bulk commercial email is a civil offence, then a clearer framework governing the disclosure of data in relation to the investigation of offences will be needed.

The industry has expressed fears that, without proper and effective regulation, demands to disclose data for the investigation of civil offences could be too far reaching.

The privacy of innocent individuals could be compromised if investigations were conducted into any email sender by claiming that they were sending spam.

If the government determines that it should be a criminal offence, ISPA UK believes that any disclosure of data to assist an investigation should be in line with the Regulation of Investigatory Powers Act and involve the appropriate authorities, including the Information Commissioner.

Jessica Hendrie-Liaño, chairman of the ISPA UK Council, said: "ISPA UK believes that an effective legal framework is necessary in order to take action against persistent spammers.

"Such a framework would reinforce the internet industry's self-regulation and the action already taken by many internet users to limit spam."