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That's because you can spam anonymously. If email senders had to be securely identified, as in China, spam would not be a problem. Spam, and a ton of CAN-SPAM lawsuits land on you.

Most of the problems that seem to justify prior restraint come from poor source identification. If it's illegal, deal with it through the legal system, after the fact.

Facebook may have had the right idea with their "real names" policy, if they'd stuck to it and required strong authentication.



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