This is hardly unprecedented -- in fact, it looks like the US government has learned a thing or two from the anti-spam community. If you actually want to block e-mail or newsgroup spam at its source, you don't complain to the spammer themselves, but rather to their mail/news provider, and if that doesn't work, you escalate the issue to the upstream provider, the hosting company for the spammer's website, the registrar for the spammer's domain names, and so on. This is time-consuming but is sometimes effective. (Of course, dedicated spammers may then switch providers, or start employing distributed botnets of zombified residential devices, but knocking out their infrastructure at least temporarily does disrupt their operations for a time and drives up their cost of business to the point where they may reduce or even cease their activity.)
There is a balance that needs to be struck between freedoms and rule of law and it's quite rare to be able to actually have discussions about how to strike that balance because most folks willing to discuss have a simplistic but vaguely absolute position favoring one extreme or another and can never come to the point of deciding of where to draw the lines of enough freedom or enough control.
The anti-spam community can’t throw you in jail or fine you.