This is covered under the proceeding affirmative defense and the phrase 'legitimate activity'. I imagine it's pretty easy to make the case that spammers are not

This is covered under the proceeding affirmative defense and the phrase 'legitimate activity'. I imagine it's pretty easy to make the case that spammers are not engaging in legitimate activity, but that's up for interpretation I guess --- Subsection (a) and (b) shall not apply if the defendant establishes by clear and convincing evidence that the conduct described in subsections (a) or (b) would not result in harm to the competitive process by restricting or impeding legitimate activity by business users.