Question:

"I have been looking to seek some clarification on CAN SPAM. Suppose I visit the website of a business, get their email address, and send them a mail with soliciting partnership - would this be illegal under CAN SPAM?"

Response:

I first want to remind everyone that I am not a lawyer and not able to dispense legal advice, and it is always good practice to consult with your own counsel. 

In regard to the question asked, though CAN-SPAM does call out “automated address harvesting” as an aggravated violation, I don’t believe you are referring to collecting email address in mass volume using an automated process (e.g. - web-crawling “spider”). Assuming you are referring to finding an email address on a web site, then sending an email to that address that is business related this would not being illegal under CAN-SPAM. However, if it is a business related message requesting a partnership, I would guess that you’d be discussing the goods and services you sell, thus making that email a commercial email message, which is regulated under CAN-SPAM. This would mean that your email must include three key things; a notice of advertising or solicitation, your physical mailing address, and a reply address or other web-based mechanism to accept opt-outs.

Also, the recent FTC ruling stating that individuals are not exempt from CAN-SPAM, meaning that the law would apply to you or your small business, and similarly to non-profits, etc.

With that said, sending an unsolicited email still isn’t a best practice. Also, like spam, it is likely to get blocked, filtered or ignored. If you really have something to be proud of in your offer for partnership, my recommendation would be to pick up the phone. Then, once you speak to the person you are trying to connect with and get their approval to send them email, your chance of success via email will be much greater.