Earlier quoted context omitted.
That's the only way it can be in a system with thousands of crimes on the books. People commit minor offenses, and often felonies without knowing it, on a regular basis. If surveillance was consistently used to actually enforce the laws, people would a) notice the surveillance[0] and then actually object to it and b) start objecting to all the ridiculous and poorly drafted laws they didn't even know existed. But they…
On the other hand, those thousands of crimes on the books exist because American society operates under a norm of "if its not explicitly illegal then its fine for people to do it". See for example, the rhetoric around maximizing shareholder value. If the only way to protect yourself from selfish people is if their actions explicitly illegal, then the logical outcome is to make more and more things explicitly illegal.…
It's not. You're asking for contract law.