[verdverm]

yea, I get that, but my gut tells me this doesn't pass the sniff test

It's a choice you make and action you take either way, be it not updating a canary or sending a covert financial transaction

That it has not been tested in court is why it's still a "theory" (hypothesis?)

My hope is that a jury of our peers would stay closer to the spirit than the letter of the law

[kortilla]

Inaction is not action.

[verdverm]

The choice to cease perform an act, when you have been consistently doing it, is itself an action

[kortilla]

No, making a choice to do nothing is not considered action by any legal definition.