Having brushed away a hundred years of misconceptions and layer upon layer of unclear, fuzzy concepts and terminology, and replaced them by a clear model for communication, it becomes clear that the fundamental question before us as our communications technology continues to progress is this: What restrictions are fair for a sender to lay on a receiver, and how can we back the answer to that question up by law?
The current confusion we are experiencing is not fundamental to the domain, it's caused by our attempts to be radically inconsistent in how we answered that simple question, and our inability to sustain the previous answers now that previously seperate communication domains are merging. There is no true need to be inconsistent, and the harder we try, the more the system will strain against us.
As I said above, I don't believe that there is One Perfect Solution that we must choose, I believe there is a range. But that range is really a rather narrow range, with only a handful of choices to be made, and once we have made those choices, practical application is rather simple.