In the sense that you can define “implied consent” in a way that at least you know you haven't covered the bad stuff. You can define the types of bad behaviour that you're going after so that you know you're not going to catch some of the good behaviour. That's why I'm saying you need a provision there that says if there's some new bad thing that comes up that we have not foreseen--and of course the bad guys are always trying to think up new variations as well--you put in the regulation that you can cover that. So it's going to happen for a month, or two or three, and you've covered it.
What you can't do is inadvertently catch something day in and day out that is perfectly legitimate and take three months to correct that.