Paul Ohmwrites that too much law and policy is based on a fictious person that doesn't exist.
For example, law enforcement officials talk about the spread of zombie “botnets” to support broader computer crime laws. Privacy advocates fret about super-hackers who can steal millions of identities with a few keystrokes. Digital rights management opponents argue that DRM is inherently flawed, because some hacker will always find an exploit. (The DRM debate is unusual, because the power-user trope appears on both sides: DRM proponents argue that because they can never win the arms race against powerful users, they need laws like the DMCA.)
These stories could usefully contribute to these debates if they were cited for what they were: interesting anecdotes that open a window into the empirical realities of online conflict.