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It sure would be nice of them to do that!
I can't wait to see this tested in court. While IANAL the EFF sure has lawyers and their argument seems petty sound.
Really this just seems like a waste of government money. They can shoot down drones and arrest people but those people will get court cases and they'll win and the gov will (and has) have you pay out fines. I'm not a fan of paying people to harass others...