Can the CAN-SPAM Act?

Yep. We need to can "Can-SPAM". At least, that's what most email security professionals say, according to John P. Mello's article, "Junk the 'Junk Email' Law".

The law isn't working and spam is getting WORSE. I agree with the article that "opt-out" is an asinine model - why is a spammer's right to annoy me with unsolicited offers (many tied to illegal activities) more important than my right to not be subject to this nonsense? An "opt-in" model, better yet a double opt-in (already in use by ~many~ legitimate email marketers) would also be easier to enforce, since spammers would be required to show PROOF that the recipient has opted in. The burden of proof should lie on the offenders, the spammers, not everyone else, and current law instead makes people prove they have opted-out.