Yes, it was carefully considered. It was in the context of the very basis of the act. In that case, the problem was what's called a freebie. Technically, a spammer can very well send only one e-mail, but address it to a number of businesses, companies or sectors. It's technically easy to avoid this opening. Consequently, we decided instead to permit the initial e-mail in limited circumstances. We also opted for a relaxation of the rules concerning implied consent.
On October 7th, 2009. See this statement in context.