Probably many of those lawyer types see the internet as just something to do email.
We don’t know if it will fly but it will come down to the ISP’s if they will follow the law. Right now, there is none. Now on file-sharing: If I bought a pizza from Pizza Hut, and I shared it with you, why will Pizza Hut go after me? I paid for it. That’s the argument that Fed lawyers have to counter-argue. They have a feeling that this will reach the SC just like the birth-certificate issue. They can try but it will be all for naught.
heck, Axxo, the world’s most notorious file uploader lives in Florida and the FBI couldn’t do anything about it.