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The law is bounded by the Constitution and the process of evaluating and passing laws in the government. It may be slow, and unpleasant, and difficult to get ones particular views in place, but there is a defined, if imperfect, process to do so.

The change process doesn't exist at all if the services that are offered by a company are entirely private, except by customer choice. And if there are too few choices, then well a monopoly ISP could ban encryption on all their offered links, and parse all the data going by for resale to marketers and right back to the government too - except perhaps for those inconvenient government privacy regulations (or other regulatory rules) which may stand in the way.



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