That doesn't mean Jacques' analysis is not worthwhile, by the way. He is not ignorant of the legal context. Judging by the reaction to the article, this is going to be one of those situations where you can lead a horse to water but you can't make him drink.
That said, I would've liked to see a bit more healthy skepticism about the ability of any sort of government or organization to avoid mis-using laws with a wide breadth when it suits them, especially if things slide toward tech-protectionism.