Let's call it the C Criteria: computational feasibility trumps legality. In other words, if something is computationally unfeasible it won't get done, even if the law says it should (a rather obvious assertion), and its more interesting counterpart, that computationally feasible things will get done, regardless of legality. It only takes one person anywhere having both the desire and the knowledge to make it happen, and presto!
I understand it's impossible for laws to predict situations derived from new technology, but unless at some point the political and legislative processes begin to pay attention to feasibility envelopes, we'll end up with legal systems too out of touch with reality to be useful at all, getting them ignored, and us in a terrible fix.
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