Comments:

This should be one of those "back to the drawing board" deals. I can't see where one piece of this has been done correctly, and there is just to much screwed up with it to even go into it. Any legislation must be drafted from a position of understanding, and it's painfully obvious that this was done by the clueless. Spend some time talking to Bruce Schnier, for one. There are laws against murder -- laws that predate modern man and civilization itself -- yet murder occurs. Daily. Making something illegal doesn't make it go away. You can't legislate spam out of existance.