If I created a business sending unsolicited snail mail to your address, and you asked me to stop using a cease and desist letter, should I comply, and allow you to destroy my business model?
It's my understanding that case laws has led to obscenity in this context being 100% as defined by the recipient. If you believe content type X is obscene, and someone sends you content type X, you can follow the procedure for reporting obscenity. They are obligated to stop sending you anything.
From the article "Power users also authorized the software to send Facebook messages to other Facebook users for them"
So in your analogy. I created a business of sending snail mail to addresses I already had in my possession on my list of contacts. My contacts might not appreciate my snail mail, but I am not sending snail mail to the Facebook corporate Office -Or- if I am sending to the Facebook Corporate Office, then only though its mail routing department, which was set up to handle these very packages.
The C&D, I think, is equivalent to preventing contacts from communicating with each other, or, Postal Censorship[1], which I suppose is more a policy issue than a legal one. Which I suppose extends FB to be a governing body, which I guess leads us to CFAA...
(In most cases you need my explicit opt-in confirmation that I want your junk mail before you send it to me).
Is there some kind of Europe-wide agreement on unsolicited marketing mail that covers every country?