One simple question: where is the property right to a socket and mailbox. If Wallace has the right to fill my computer with unwanted data, then I have the same right toward his. If it is an act of free speech to send some commercial solicitation for something I would never want, it is hard not to maintain that an ARP packet isn't covered by the same theory, much less 1M+ responses of the same email. It costs me something to filter out spam, and will cost him something to filter out counterspam of whatever sort. The NSP may be in the no-man's land between the trenches, but they are providing the connection and can tell him to look elsewhere or charge a premium for the extra traffic. Any such property right will be symmetrical, so if I don't have the right to control what comes into my inbox, neither does anyone@spamway.com. Whether I like it or not, Anarchocapitalism is going to be the political system on the internet. Just like what is described in David Freedman's books about private protective services, a spammer will continue until he hits someone with a T3 and a good software agent that will happily fill out response forms at 6M/sec, or simply ask politely to be taken off the list several hundred times per second. At that point the lists of people who don't want to be spammed will be taken very seriously.