ePhil_One's Journal: BayTSP is Spamming

For those not aware, BayTSP is a P2P network tracking company. Today I was surprised that my Help desk recieved what I would consider "Spam" from them, the following letter:

Subject: BayTSP Email Verification. Please Reply

Greetings - BayTSP is conducting its quarterly verification of email addresses. We would like to confirm that this is the correct email address for correspondence regarding copyright infringements regarding your organization. The favor of a reply confirming this, or (in case the email address is incorrect) a correction would be greatly appreciated. Thank you for your cooperation. Regards, Compliance Dept. BayTSP

Leaving aside the business these guys are in and how they accomplish it, does this qualify under the CAN-SPAM act as spam? It appears commercial, since they are building a database of email addresses for commercial purposes. I assume they've trolled the DNS WHOIS records for the email, which I believe is another violation by my understanding.

These guys have been pushing flakey and ineffectual tech since 1999, but it seems they may have crossed a line here.