Every once in a while someone comes up with a completely new activity, which is clearly harmful, but is not against the law because nobody thought about it before. New laws get created as result, but original initiator/inventor remains free.
When US began minting coins out of nickel, very soon someone made counterfeit nickels (that was 1938, when 5 cents got you something). When arrested, crooks pointed out that law only
bans counterfeit money made of paper, gold, silver, copper, and alloys thereof. They were let go.