For example: It is my contention that criminalizing noncommercial DOS attempts is highly inappropriate. They are a very good analogue for protected speech in the form of traditional protest picketing, trying to temporarily drown out and deny painless access. So long as an individual is only committing their own bandwidth to a pingstorm, this seems to me like something that should be handled as a tort. Torts have Constitutionally-limited punitive damages of ~9x demonstrated damages, fractionally allocated to the participants. A hundred thousand 4channers should damn well be able to pingstorm the Westboro Baptist Church's closet server into temporary unavailability.
Botnet-driven DDOS ordered by one person are very different beasts because they can have such a disproportionate impact, because they can be utilized for commercial goals, because they're operating from hijacked hardware, and because rent-a-botnet is common & thus more likely to ask for returns rather than be an expression of speech.
How would I go about making this change based upon consensus though?