I've said it before and I'll say it again: If instances weren't supposed to be ever defederate, then we wouldn't have the tool. In the absence of real moderation/admin tools it's going to get used more frequently. And that's the admin owner's right!
I still can't believe IA took this risk, however. I agree it should've been fine, but they and we know it isn't. They basically begged for this to happen and I don't understand why when they clearly don't have their ducks in a row to pick this fight (unlike TPB which plays the game well).
If I were a Democrat and I saw that 6–3 Supreme Court, I would be very wary of attempting anything involving interstate commerce. The Supreme Court clearly has no regard for precedent or consistency anymore, the last thing I want to do is call attention to one of the most potent weapons I have for checking the powers of state governments and the executive branch.
That requires me to do it potentially under duress, with little to no time, etc. During a crisis it can't be assumed that the first thing I'll do is lockdown my phone. Anything that requires an anticipatory step is inherently risky.
But not Mullvad. Bizarre to me lol