> Governments don't typically go "aw, shucks, you've caught us on a technicality" without getting the courts involved.

That might happen here, but I don’t think that principle holds generally. If that were true, wouldn’t every component of the service provider chain be sued for people e.g. downloading pirated or illegal stuff? The government cracks down on e.g. torrent trackers and ISPs, but they haven’t seriously attacked torrent clients or the app stores/OSes that allow users to run those clients. Why not?