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The point they’re making is you don’t prosecute Facebook for something that we think is unjust but is not yet illegal. You make it illegal, and then after that point if anyone continues with the now illegal course of action then you prosecute them. Prosecuting someone for something that wasn’t illegal when they did it would of course be wrong.

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If that was what the OP had said, I would agree, but I don't interpret that as being what they actually said (although I may have misinterpreted):

"However, those actions were later decided to be made illegal" (emphasis added)

I interpret this as saying that they believe retroactively applying enforcement would be moral, just, and legal.

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