It's always funny to me when people cite old American case law and try to wrangle their heads around how that can apply to a situation which the case's participants couldn't have possibly imagined. Shouldn't the correct way to do this be new legislation being created after consulting interest groups to answer the modern problems which exist due to modern realities, like what the EU is doing? It seems much more sensible of an approach instead of wondering how a 15th century ruling's ruler would have applied his thinking about something they couldn't even dream of.