agreed.
the market should solve this problem. people will subscribe to the ISP with the best spam blocking feature or buy the most effective spam-blocking software.
if legislation is used, it needs to address actions performed by all three parties in this transaction. besides punishing spammers, it need to "discourage" consumers from EVER respond to unsolicted email, and punish companies which buy referrals obtained this way (no matter how far down the chain). the only incentive these mega-spammers have is that 1 in 10,000 (or 100,000) shot that somebody will open the email and respond with valuable personal information that can be sold to marketers. so lets tell people to guard their information, punish the people sending the email, and turn off the source of their money.
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nobody in his right mind would let me express opinions on his behalf (until I pass the bar...)