Yes. The issue of the non-technological neutrality of provisions that provide different consumer rights in an offline environment than are provided in an online environment is one of the criticisms you see. I'll just speak about some of the scholarship that my research team and I have reviewed, some of those 1,500 articles.
In those, the vast majority of scholars and researchers point that out as one of the criticisms; it's not the only criticism, but it's definitely one of them. That in itself is one of the factors in the constitutional analysis, but it's really a question of whether the government is going to enact a law that follows the traditional contours of what has conventionally been copyright, or whether it purports to regulate, in pith and substance, property and contracts. That's where the real danger of constitutional invalidity comes into play.