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This is exactly why criminal law requires two things: the actus reus and the mens rea. Act and intent.

So, great point.

I guess the only problem on the internet is it is very hard to determine intent, see Poe's law.



Agree. IMHO, the problem can be solved with enhanced bandwidth(that is, to use things beyond text, IRL we have mimics and voice tone so emojis are a start) of the communication.




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