The government is recruiting tech companies to help fight its cyber battles

So they take the playbook of the least competent administration and think that's the way to go? Not to mention that Spain is not a common law country and how the US conceptualizes both the methods and definitions and even the law itself differs quite a bit. Tech companies have in house counsel, but they are not, by large, familiar with criminal law. At least in the US, they focus on civil litigation, IP, Lanham Act matters, in addition to contracts, licenses, and that sort of thing. It's a completely different world and Orin Kerr's writings are much more instructive. He's at Berkeley and probably the leading legal mind at the intersection of tech, policy, and crime.

I average 1 DMCA notice received a year and I've counter-noticed every single one except one. I'd like to be in federal court. I have experience, my law school friends owe me favors and many are interested in the subject matter, and my response does represent an invitation to file in the appropriate venue. None have done so. The one I did not write back, frankly, I couldn't. It came from outside counsel hired by the New York Times that alleges not one single correct assertion and also, accidentally admits to intentionally committing a crime themselves. It took nothing down (It was sent to Github) and accomplished nothing. There's nothing to respond to if their remedy requested is imaginary.

That's how you want to fight your "cyber battles"? Better get used the phrase "corpus delicti".