[wizofaus]

I would say we generally do exactly that, when the threshold is significant enough and it's a behavior that has no beneficial/ safe level (we tax and restrict cigarettes heavily, but not so much overconsumption of food etc. Arguably we should/could have penalties for failing to get enough exercise, though there are almost certainly better ways to reduce dangerously sedentary lifestyles).

[goatcode]

>Arguably we should/could have penalties for failing to get enough exercise, though there are almost certainly better ways to reduce dangerously sedentary lifestyles

This is my point: we pick and choose, and we're subject to the whims of society, when it comes to what we deem unacceptable. Citing a collective norm that potentially could have been influenced by societal ebbs and flows is not an objective argument, ever.

[wizofaus]

Absolutely - regulation is hard. I wonder if there are successful instances of government using big-data/ML to determine where, when and in what manner it makes sense to apply it. And would people vote for governments that relied solely on that for what legislation to enact...