So by this logic if CSAM is included in Inscriptions that could now land you in jail because Bitcoin Core increased the OP_RETURN policy default. (Even though it was already possible to do that.)

Do you find this argument convincing?

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I think that if Luke and others can see it that way, politicians might parrot the sentiment in defense of laws against Bitcoin. Politicians only need majorities and Luke's arguments did move the needle among Bitcoiners or we wouldn't have this debate.

Then it sounds like you're saying if enough people believe 2+2=5, politicians could make 2+2=4 illegal, thus we should take that into account when making engineering decisions?