Comment by runako
3 hours ago
A key issue is that there don't appear to be even cursory investigations to determine intentionality.
Are police routinely collecting prompts/guidance given to these agents and determining whether the agents were directed to commit crimes? If not, this seems like a huge oversight.
Also as you are a lawyer -- how does this law align with the authors of viruses/worms? Are they de facto assumed to have had ill intent because others labeled their works as "viruses" or "worms"?
Investigators/prosecutors are pressured from many directions towards the very easy wins and occasionally political/non-controversial headline grabbers. Going after these companies is very hard, very controversial, and politically mixed at best (popular action but the companies have huge money to fund your opponents). We have collectively done a terrible job incentivizing the legal system to beat ass on corporate while collar crime.