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This comment in this thread explains it fairly clearly. Do not make the mistake of thinking this is just a semantic difference.

https://news.ycombinator.com/item?id=44247822

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I agree that overreach of prosecution is possible (as with many other laws), but I disagree that a fix for bad laws or bad legal process is “make it easier for people to break laws and not get caught, and to cooperate discreetly on breaking laws”

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