DDoS generally has little to do about the content of the traffic. It's more about volume and traffic pattern.
Anyway, I think the details are in intent and the nature of the communication. Service providers shouldn't actively block communications where the only intent of the communication is consensual exchange of information between two or more parties (such as visiting a website) regardless of the content of the exchanged information.
SPAM would qualify as non-consensual from one party, so it would be exempt.
The intent of DDoS isn't to exchange information, so it would also be exempt.
I'm sure that it would need pages legalese to make this work, like ironing out the circumstances when ISPs can assume intent or consent. SPAM block lists should be reasonable.
Anyway, I think the details are in intent and the nature of the communication. Service providers shouldn't actively block communications where the only intent of the communication is consensual exchange of information between two or more parties (such as visiting a website) regardless of the content of the exchanged information.
SPAM would qualify as non-consensual from one party, so it would be exempt.
The intent of DDoS isn't to exchange information, so it would also be exempt.
I'm sure that it would need pages legalese to make this work, like ironing out the circumstances when ISPs can assume intent or consent. SPAM block lists should be reasonable.