Reply to post: Re: Judgement

Forcing us to get consent before selling browser histories violates our free speech, US ISPs claim

veti Silver badge

Re: Judgement

I reluctantly agree that the plaintiffs do make a good point.

Even more reluctantly, I would have to conclude that a judge doesn't have the authority to edit the statute to that extent. Either the law is (whatever the relevant test is), or it isn't. If it isn't, then the judge's only remedy is to declare it unenforceable, and basically send it back to the legislature to fix. The judge can't unilaterally rewrite it.

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