CAN-SPAM is a law. If you violate it, you are penalized by the legal code. That's fulfills my definition of "illegal", but clearly not yours. Mind sharing your definition so we're on the same page?
CAN-SPAM does not make spam (unsolicited email) illegal, it simply sets parameters for what's allowed and not. That's why, back in the day, we called it the "yes companies CAN go ahead and SPAM everyone" law, playing on the double meaning of 'can'.
Don't send any marketing e-mail to anyone. Everyone is opted-out immediately and permanently. End the right that businesses think they have to endlessly distract people.
Due to dark patterns, I'd prefer to have it all banned. If you give corporations any kind of loophole they have shown that they're bad actors and will exploit it.
No, I said make it illegal, and I meant exactly that.