Too complicated. I am completely convinced that allowing spam at all has no positive benefit for the economy or society whatsoever. Why not simply forbid it ? The Scandinavian countries have, and it works ok.
The bill needed is not complicated. It is forbidden to send comercial email to a person unless this is either a) a current and ongoing customer of you or b) the person has given prior, informed consent to receiving such.
Yes, this *does* mean that say my online-bank can legally "spam" me aslong as I am a customer there. But the thing is: they have a very strong incentive not to; they want to *keep* me a customer there.
I fail to see why all US legislation and debate assumes as a default that random people on the Internet want to receive spam, and only want to provide a way for you to say that you don't. In my experience the reality is completely the oposite: 99% of the people do *not* want any spam, and it'd be sufficient to provide a way for the remaining 1% to say "yes please".
Make a national "spam please" list, people on the list can be spammed, others not. See how popular the list will be....
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