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Good question. I'm not sure which would be faster and fairer. Police and courts have enough to do dealing with reality, without getting involved in our messy hacker games. So long as the law is clear, we should want people to help themselves first and foremost. The key is really dismantling protectionist laws that enable powerful aggressors, not arming the people with more protectors. On what the law cannot speak it should remain silent, and I do believe that vast tracts of so-called "cyber-law" are absolute rubbish - utterly unfair, bought by lobbyists and written by incompetents to defend the barons' castles. Take this down and let nature run its course to restore the proper balance.