Yes. These are the categories CAN-SPAM dsecribes as
"transactional and
relationship" mail. They are explicitly exempted from the labeling
requirement.
What I am thinking of here is the boundaries between the categories. I think
there is an element of subjectivity that can enter and that as a result a
binary statement ADV or not is not going to be very helpful.
What would make the scheme more robust is being able to identify the
transactional and permission based message empirically. So a spam filter
knows to expect that they will come from a small number of senders
authorized for that express purpose.
Phill
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