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If it's clearly illegal, what prevents it from being handled in any court of law? If it's not actually as clear, preemptive/overzealous compliance can lead to all kinds of undesirable (in a liberal democracy) effects.

I also doubt that Cloudflare lets every single analogous issue bubble up to a full court case every single time, but for new/unclear/borderline scenarios, I'm glad that courts don't get to outsource their duty, i.e. determining the legality of actions, to a for-profit organization without public oversight.



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