The laws regarding spam are not the definition of "spam". Rather, the laws describe a subset of spam that can be clearly and definitively identified as "spam".

The laws regarding spam are not the definition of "spam". Rather, the laws describe a subset of spam that can be clearly and definitively identified as "spam". It does not include cases that are just barely within a grey area, but which any reasonable person would label as "spam". The law follows the existing understanding of what constitutes spam, just as it does for "murder", "theft", and a myriad of other cases. The law does not define these terms, only how they will be applied within the context of the legal system.