I still make a difference between advertising and spam.
I'm glad the law around here doesn't anymore.
Unsollicitated bulk E-mail of any kind is treated exactly the same: The advertiser receives a warning and is fined if the spam continues. Despite popular opnion on slashdot that this cannot work, I have not received spam from any nearby company since early this year.
Apparently the real cause of spam is not people clicking on the ads, it is the people paying the spammers to send out the ads.