Doesn’t scale.
This is a new idea for me. How is optimality measured here? Aggregate utility for society? What's the independent variable? Is this from the perspective of law-makers? If I was on a desert island, should I do some crime to ensure optimality?
This is just another form of Blackstone’s ratio: https://en.wikipedia.org/wiki/Blackstone's_ratio
The problem itself is an ancient one and you can find a number of texts that explore the idea from various angles.
However from a different perspective, it's those policies that are an immutable force of nature. "Non-zero fraud is optimal" might sound like there could be a population who wasn't committing enough fraud. I haven't done any fraud this year, but I'm trying to be a good person. But that's not the Blackstone perspective. In Blackstone, the populace are thought of as reacting only to policy and basically having no autonomy.
I'm not arguing anything, but just noting how the sound-bite can be (and was) misconstrued.
In the West we are typically less tolerant of enforcement-driven hardship. This goes back to our Enlightenment ideals about freedom and justice, which are less strong than they once were but are still present.
This has more or less been the default position of most internet users and developers since the beginning, until fairly recently. I’d even contend that it’s what drew many of us to the internet in the first place. If the internet ever becomes cable TV, fully regulated, controlled, and managed, it will have lost its purpose as a place for free and open exchange of information.
(Zero control is an exaggeration—the worst lawbreakers still face justice under the current system, and that seems ok. I just don’t think we should be tightening the screws any further.)