This is what I was trying to point too, and why I added the "ban it, then" argument. Because there's a considerable amount of people who operate with the "if it's not illegal, then I can do this" mindset, and there's a big intersection of this two mindsets.
At least putting a ban on it will make people think, I hope.
Your argument seems to be: why stop the little guys from doing something illegal if the big guys are doing it too? We should ideally stop them all, but it isn't surprising that the blatant examples of illegality are stopped first.
It's part of a strong argument for making them illegal. You'd also need to show that making them illegal actually decreases the rate at which that happens.
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