I agree, but then you're speaking to why we shouldn't be using the threshold of substantial risk. Substantial risk means you could be asking to do something. They could say, “I think there's a real risk here, a plausible risk”, and they're still forced to do it.
Coming back to my question, if I said “plausible” risk, what is the position of the Department of Justice on what that would mean? Would that make any change that would undermine the purpose of this legislation?