Earlier quoted context omitted.
> It's not quite spam, it's not quite illegitimate, but it's not what I signed up for. If it's not what you signed up for, isn't that pretty much the definition of spam?
No,I don't think so. If you signed up to receive email, then it's going to be hard to show that you received email that's different from what you signed-up for. And if it's not Bulk, then it's simply email - not bulk, and not unsolicited. That's why it's important that spam continues to be defined as Unsolicited Bulk Email.
At least in the EU, if you make a complaint, it falls on the sender to assert the legal basis for sending the email, so it's on them to prove informed consent (if that's the basis they're relying on).
> That's why it's important that spam continues to be defined as Unsolicited Bulk Email.
I'm not sure you've made the case that's important. In the EU, spam has been long defined as unsolicited commercial communications (since the E-privacy Directive in 2002) - no requirement for it to be in bulk.