As outlined by Richard S. Eisert, a Partner at Davis & Gilbert LLP, the world of enforcing the rights of publishers and audiences consuming digital content remains pretty wild and wooly, with a maddening lack of consistency in legislation and enforcement likely to remain the state of affairs for some time to come. Where there has been increasingly effective enforcement of the U.S. Telephone Consumer Protection Act of 1991 (TCPA) with recent judgments and tightening of the definitions of "unsolicited ads" received on fax machines, online perimeters for content remain far less enforceable. The U.S. CAN-SPAM Act of 2004 is only beginning to provide a vehicle for touching the people who are sucking an estimated USD 8-12 billion a year from the economy in lost productivity, though the most hopeful route for enforcement appears to be the ability of Internet Service Providers (ISPs) to raise civil suits against perpetrators. Still, all in all it leaves little cheer for list publishers who are trying to push their marketing tools to reach an audience increasingly hostile to unsolicited electronic ads. While software used to "scrape" content from sites still poses a threat to database publishers, there appear to be some new and innovative approaches to using old legal concepts for defining the limits of this capability for secured or properly labeled content, such as trespass to chattel, meddling and breach of contract. Properly labeling displayed pages with links to implied or express "clickwrap" agreement to refrain from scraping and crawling a site (example from eBay, see Section 7) remains the best protection to provide relief via statutory damages, though, and should be implemented as a matter of course on all online database sites. Don't expect any "magic bullets" to solve these issues anytime soon, much less international cooperation: we agree with Eisert's assertion that the U.S. is not likely to pass legislation enforcing the rights of database publishers similar to that found in the E.U. anytime soon, in spite of recent Bush administration initiatives (WSJ Online - Subscription. The business of profitable electronic publishing is not always easy in such a legal environment, but with a minimum of sensible precautions and practices there are reasonable practices that promise to provide increasingly enforceable limits to use for those who are willing to press the issue.