The point where the confusion seems to enter is that email is not a subscriber business. To send email to a node doesn't require a prior relationship asides from simple IP routability. As such the sender of an email _is_ trespassing, knowingly, and with conscious intent. However, the critical difference between spam and other email is that one has the reasonable if generic expectation of being welcomed by the recipient.
Then you'd better start fighting junk mail and telephone solicitors as well.
...Bob
