Thanks Toby. To be clear: The law in this area has yet to adapt to the new environment we live in, which is as much digital as physical — and it badly needs to.
But that environment belongs to all of us who in habit it — not just those who maintain the highways and infrastructure.
Law needs to adapt. That’s not the same as regulation being imposed — not least because it lacks the separation and balances between judiciary, jury and execution. It is also the plaything of the rich and powerful via their lobbyists.
It’s a natural kneejerk reaction for politicians to resort first to regulation, encouraged by their friends in the city and lobbyists making it all sounds so reasonable (a classically good way to for incumbents to raise barriers to entry, lock out innovation and so reduce competition… think banks and banking). But it’s a bad way to go, not least because it’s an arms race and the miscreants have the better weapons and resources — as recent history has taught us. Wholesale it’s downright dangerous.