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Yes, it is really a valid claim. It's not even "un-enforceable," it's just "difficult to discover."

Murdering someone and getting away clean doesn't make murder legal.

Largely because, as an extension of the fact that we're discussing the real world and not a fantasy (https://xkcd.com/538/), everything is eventually discover-able, and if you give the government sufficient incentive, they will discover it.



The way you describe this is that it's impossible to make something undiscoverable, which is quite a big claim and one I don't really agree with.




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