From an enforcement perspective, the act is written as technology neutral, which is helpful. We are certainly seeing different types of spam. You're right. I think it's moving faster than we can keep up.
I have a team of technical experts and forensic analysts who are constantly challenged by the next thing. As soon as we think we understand one form of spam or one form of malware, we are challenged by yet another new form.
We can ponder this when we return perhaps, but at this time, I would suggest that the way the act is written—it's technology neutral—we have the flexibility to move. I would argue that trying to keep pace is our challenge. It's not the act.