What adds to the uncertainty, Hansen said, is that the "defenses" provided by the statute—that is, the things you have to do to avoid criminal liabil… - Mike Godwin

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What adds to the uncertainty, Hansen said, is that the "defenses" provided by the statute—that is, the things you have to do to avoid criminal liability—are defined in terms of whatever filtering or screening technologies happen to be available at any given moment [...] use of "reasonable and effective measures under current technology". As a result, Hansen said, the defenses will change every time the technology changes.