Comment by wat10000
11 hours ago
You should also look at the welfare generated by showing that all are equal under the law, versus showing that companies can get away with blatant lawbreaking if they can convince people that it’s for the greater good.
The proper way to decide this would be to pass a law in the legislature. But of course our system in general and tech companies in particular don’t work that way.
The USA tends to invest a great deal of legislative power in the courts, and as you mention the legislature isn’t very responsive nor effective, so this is what we get.