The argument you're making implicates way more than just Flock, and is in a practical sense novel. If you can cite jurisprudence (or even legal experts) backing it up, I'm interested in reading it. Otherwise, I'm happy to accept that we just have premises about the law that are too far apart for an argument to be productive.
My experience on HN is that these kinds of discussions almost immediately devolve into debates about what people want the law to be, as opposed to what it actually is.