[lukesed]

You make dubious claims in paragraph one, invent motivations in paragraphs two and three, then attack those motivations in paragraph four. Orin is a well known law professor, and he definitely doesn't care about how many page views Eugene Volokh's blog gets.

Orin Kerr's second post is an indictment of the government's entire strategy in prosecuting cases. He's using the fact that Aaron's treatment was a standard application of this strategy to illustrate his issues with it. It sounds like you wanted him to invent some point as grounds to equivocate. Maybe that would make his post be better received in the tech community, but we shouldn't expect legal scholars to be motivated by that concern.