Article here.

“A better solution might sound like a radical one: for Congress to do nothing.”

He’s right that Can Spam was basically garbage (never having it legislated in the first place might have actually reduced spam, not increased it, because Can Spam made it legal to “spam” so long as you met certain requirements).  

The fundamental problem is the patchwork quilt of state legislation that a Federal bill would resolve. The difficulty is that a Federal bill might very well create a “safe harbor” for adware companies that consumers might not actually approve of.

Alex Eckelberry
(Thanks, Ben)