So what it all comes down to is money. See, the government puts so much money into stopping email spam, and it becomes a big deal if someone is doing it. Should they place alot of money into sending police officers out looking for old geezers who are impeding traffic, then they'd be pissy about that as well.
I think it should all be legalized, and let the companies who write spam prevention programs make revenue off of their products to stop it. Because frankly, the Govt is losing this battle. They have an entire universe of spam to fight, and only a United States sized army to fight it. That's like me fighting Mike Tyson. I'd get my ass kicked. So legalize it, and let everyone do their job to stop it. Things will work itself out in the end.
As far as this guy who's been arrested. There's much more into it than meets the eye. If you read, he's into alot more than just email spamming. So don't look at this guy as JUST an email spammer...
was indicted by a federal grand jury on 35 counts of mail fraud, wire fraud, e-mail fraud, identity theft and money laundering in connection to advertising and sales of NIM's "broadcast e-mail" software product and services.
For a read on this subject, head over here.