No, it's not inconsistent, although I can see why it reads that way. Currently, you are proposing to draw a line between two cases, A and B. One is intuitively

No, it's not inconsistent, although I can see why it reads that way. Currently, you are proposing to draw a line between two cases, A and B. One is intuitively bad (to some people), the other is intuitively good. If we all agreed that the line absolutely needed to be drawn somewhere between them, and if we also agreed that there was no clear way to draw it, we'd have no choice but to pick some vague language and just trust judges to apply good judgement. (This is often the case when laws appeal to what a "reasonable" person would think.) However, I am suggesting that we simply not draw the line between A and B and have them both be legal because: (1) The "bad" one is actually not that bad, both morally and efficiency-wise, especially when we clearly announce "this behavior is going to be legal, so everyone needs to be careful and protect themselves"; and (2) there are other places to draw the line that are not so hopelessly disputable. Since I am suggesting we put the line somewhere else where it can be made unambiguous, we are not forced to rely (nearly as much) on court interpretation.