This all depends on the final legal status. Law is known to not care much about technical sense.
This is often sadly forgotten by [us] geeks. I've also seen in discussions here a disconnect between those of use who live in "spirit of the law" vs "letter of the law" countries. As a generalization I usually go with Europe as a whole often going with what the intention with a law was rather than evaluating whether a new technology needs new letters to be added to the law or not.