Comment by verdverm
4 months ago
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
Inaction is not action.
The choice to cease perform an act, when you have been consistently doing it, is itself an action
No, making a choice to do nothing is not considered action by any legal definition.