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CAN-SPAM Compliance and Spamming Behavior Not Correlated
A study designed to measure the effect of CAN-SPAM has found 60% of online newsletters are not compliant and in theory are illegal. However, most of these mailers are not fairly qualified as spam senders.
The impact of CAN-SPAM appears to be falling mainly on legitimate newsletters as opposed to spammers who make virtually no effort to comply with legal regulations. In reality, senders of newsletters probably don't have too much to worry about. There have been relatively few parties prosecuted under CAN-SPAM. All of them so far were well established spammers.
Many unsolicited commercial advertisements pitch content that was illegal prior to the passage of the CAN-SPAM act.
The article also discusses various spam stopping techniques.
Full Spam Related Story