Can Spam?

The FCC is busy protecting us from mobile phone spam:

But the FCC exempted from its spam definition any short message service, or SMS, messages that go directly to phone numbers, which could create a large loophole through which millions of junk messages may travel.

The agency also exempted "transactional" and "relationship" messages -- such as billing statements or simple customer information. But it left the definition of what messages fall under those classifications to the Federal Trade Commission.

[…]

FCC chairman Michael Powell said he was "very proud to have just flatly prohibited spam on wireless devices"

For some definition of "spam" and "flatly".