and not the "improper means"? I see what bean animal is saying, that if the email sbb sent was illegal, they are likely not worth the time or effort. Is "large quantities" speaking of the volume to one person, or can it include one email to many, many people?
would then the "improper means" fall under an antihacking or data privacy law somewhere else?
I suggest reading the entire law and not the snippet posted. I don’t feel this applies at all
(2) Requirements
In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for-
(A) those convicted under section 1037 of title 18 who-
Pause - to have this be applicable the offender needs to be convicted of 1037 title 18, a fraud crime
(i) obtained electronic mail addresses through improper means, including-
(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and
(II) randomly generating electronic mail addresses by computer; or
(ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and
Pause here - you need 1 AND II or
1 AND ii
(B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending of large quantities of electronic mail.
This law seems to be a additional thing they tack on in cases where there is a fraud crime being committed.
None of this is applicable in any way in this situation