It is intentional - the legal system defaults to absolute freedom in absense of laws. Besides have you seen how goddamn inept just rulemaking is when done based upon the old standards which have nothing to do with the advantages and limitations of the new medium?

Look at attempts to prelegislate things which do not really exist yet and you get utter embarrassments of law at best and at worst hamstring your nation by laws which assume that a TI graphing calculator has the potential to go rogue and start deliberately killing people.