Has the Ninth Circus screwed up agin?

Yeah; with technology moving as quickly as it does, the amount of law that remains unwritten increases exponentially each week. Can't really blame the courts from tentatively digging a toe into some of these waters. The distance between the time the suit was filed and the 9th's decision is about a half an techno eon. By the time their decision is reviewed [if appealed and I'm sure it will be], the complexity of what they judged will have increased significantly. Gotta pity the poor Supremes in dealing with things like this.