Better to say the 2nd law of thermodynamics is not universal than assume creation ex nihilo?

The problem with that, is that the second law is equivalent to saying that information cannot be destroyed: discarded bits correspond to heat, so heat death is when the hard drive of the universe is completely filled with spam. If the universe is infinitely old but not filled with spam, then:

1. At some point in time, information started to be created (why not just call this the beginning of the universe then?)

2. The universe periodically wipes the hard drive of all its spam. But how can information be destroyed?