I read an article (>10 years ago so sadly I don't recall the title) about how computer science people see data differently from law people. Computers know nothing about the intent of data, it is only bits. The law (nominally) tries to figure out intent behind the data. It is possible to encode any data so it looks like a random stream of numbers; the law doesn't care what you did to the data, just if you intend to use that data to do something illegal. The user's intent colors the data.