The whole conversation is a lot easier if you just define Facebook as a monopoly. #1 is assuming the argument, really. #2 is stating that old law doesn't work

The whole conversation is a lot easier if you just define Facebook as a monopoly. #1 is assuming the argument, really. #2 is stating that old law doesn't work and implying we need new law to let us do what we want...again, assuming there is a problem, making no attempt to determine whether there is a legal problem