So I got to wondering who is responsible for preempting the state law. It turns out, the initial version of the CAN-SPAM act, as introduced in the Senate as bill S. 877, includes the preemption clause. Check out section 7(b)(1):
In general.--This Act supersedes any State or local government statute, regulation, or rule regulating the use of electronic mail to send commercial messages.There are some exceptions, but I don't have time to really dig in and understand them now. So at least for the time being, the folks who introduced the bill are the prime suspects:
Mr. Burns (for himself, Mr. Wyden, Mr. Stevens, Mr. Breaux, Mr. Thomas, Ms. Landrieu, and Mr. Schumer) introduced the following bill;Maybe someone out there who understands this law better than I do can offer some insight, because I'm running out of technological band-aids.