Is spam obscene?

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Well, of course it is.  But more specifically, I wonder if someone could prosecute those "herbal viagra" and "increase your penis" spammers under Paragraph 163.(2)(d) of the Criminal Code of Canada, which I happened to notice just now while reviewing one of my earlier postings.  It probably wouldn't be a good idea, if nothing else because I don't approve of said Paragraph and would hate to legitimize it by demanding its enforcement...  but the wording of 163.(2)(d) sure sounds tempting, because its description of prohibited material lines up pretty well with some of the most obnoxious stuff spammers send me.  I wonder if the RCMP know about this.  [Is spam obscene?]

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