I assume port scanning and spam-sending is totally legal in the USA and nothing can be done about it.
I'M not familiar with US law, but I believe that they have tightend up a lot on this recently.
However.... as with so much in the USA everything is money-centered: I believe that nobody is interested in prosecuting, unless
a lot of money is involved. Some years back I heard a figure of $100,000 being mentioned. So I guess these days, if you haven't lost over $500,000 they won't be interested...