What the law is can't be realistically argued. What the law is is a function of what a prosecutor, jury, and judge collectively are willing to let a conviction go forward on.

This is what bugs me about common law. You can't take a statute at face value anymore once a sufficient amount of case law comes into the picture, and there is no active effort to reconcile the original statute with the reality of the case law it spawns.

I have not seen anyone state what the law actually is. Just a lot of FUD about what I am not allowed to do with my device. If you are a lawyer and can break down what I got wrong and why, I am happy to listen.