Maybe it's time to end the charade of pretending that the meatspace tradition of ambient authority works for electronic communications, and come around to accepting that the best form of law on a hostile anonymous network is executable code.
The topics of politically neutering well-funded governmental adversaries (that use gained data to drive "justice") and directly persecuting hacking are orthogonal. We currently have the worst of both worlds - unaccountable governments along with unlimited liability for running nmap or incrementing the number in a url.
In general, anonymity is directly opposed to accountability. Proper information security does not rely on after-the-fact accountability, so why should we think it prudent to give up anonymity?