[tqi]

Thanks for the thoughtful and clear explanation!

The analogy to drunk driving makes sense, but in the context of business is it so important to get ahead of the harms that we have to legislate against pre-harms? Innovation and merit and underhanded tactics are in the eye of the beholder, and it seems like we apply a LOT of preexisting notions of who is a good company and who sucks when we evaluate behaviors. That doesn't feel like a sustainable way to write and enforce laws.

[todd-davies]

No worries :) You're right that the law shouldn't be arbitrary. Lots of what the law is applied only when a cases passes legal tests to determine if some conduct violates the law. These tests are applied the same way to everybody and are thus impartial. Naturally, there's lots of debate and research into which legal tests we should use, and what their substance is.