There are so many things that make this whole idea impossible to implement, that I don't even know where to start. I guess I'll just go down your list:
1) What? I'm not even sure what you're saying here. Mailing lists are illegal? They're used by thousands of legitimate businesses, for legitimate purposes, all over the world, every day. That's not accounting for non-profits and things like LUGS and hobby groups. The idea that they're useless and/or illegal is completely ignorant, if that is in fact what you're getting at here. Like I said, I'm not really sure what you're saying with this.
2) How are we going to get this code into the email? A the server level? Who is going to write this code and how is it going to be implemented into the myriads of different mail server software for every platform and OS out there? What's to keep it from being spoofed, faked or removed from the header (I'm assuming that's where it would go) by malicious programs? What happens when a mail server gets infected and sends out hundreds of thousands of emails containing this "legal code"? This idea has way too many holes. It would never work.
3) Good for you. You are a user of a product that you clearly know very little about.
4) Power? Like it or not, and I definitely hate it, MS is the wealthiest and most influential software company in existence and this is the USA. That's all the power one needs. As far as MS having the right, again, this is the USA. The people with the money have all the rights. Period.
5) This seems to be more of a meaningless rant and you didn't finish it. I have no idea how to respond.
6) A display of your "email software" ignorance. See response to #2.
7) #6, and by the transitive property, #2, all over again. You clearly have no idea how mail servers or open relays work. If your "code rejection system" doesn't affect or apply to other countries, any business in the US could set up a mail server in another country, route all mail over a VPN to that server to be sent out and there ya go, completely bypassing your system and there would be no way for anyone to know or prove it without going on a legal fishing expedition. We know how much judges love those.
8) Right, including all of those Nigerian asshats that are responsible for a huge portion of spam. We'll just "send them to jail" huh? Good luck with that.
9) People that write virus code for spammers are annoying but not stupid. So totally easy to get around this. See VPN example in #7.
10) Even if #9 didn't apply to this as well and some how, spammers were paying taxes on the spam that their illegally obtained botnets we're spewing out, at 1 cent per hundred emails, the reduction in profit would be barely noticeable to them.
11) Um... what? A technically illiterate person, TRYING to coming up with a solution to a highly technical problem, is smarter than, just for example, me, who has been managing networks and email servers for more than a decade? Um... OK. If you say so.
12) Yes, and where do you think ISPs get money to pay for that? They charge us for it. WE'RE ALREADY PAYING FOR IT.
13) It is a feel good measure, because that's all it would do. It would not at all solve the problem because it is impossible to implement.
14) Again, rather than come up with a thought out, rational response, you resort to personal insults. How very mature and intelligent of you.
Reasons why this hasn't actually been tried yet:
1) Us idiots, that know exactly how email servers work, know that there is no way to implement this.
2) Again, how are mailing lists close to criminal? The library I work for uses them all the time and, get this, you'll love it, the recipients ASKED TO BE ON THE LIST and they can opt out at any time.
Ya, nuff said.