No, it doesn't create a new tort, but that's why I said mini lawsuit. The mandatory response and per-instance fines create the same sort of burden, even if they

No, it doesn't create a new tort, but that's why I said mini lawsuit. The mandatory response and per-instance fines create the same sort of burden, even if they're administered through a body other than the courts. In some ways it would almost be better if it were through the courts, because at least there are established rules about evidence, nuisance suits, appeals, etc., but that wouldn't solve the fundamental problem.