It is highly likely that this is not confined to just software, I'm sure other engineering or complex disciplines feel the same way about their discipline.
How do we have experts inform these decisions without falling into the trap of lobbying where the rich control the political and legal sphere?
Anyway, I cede you the point that the US law does not match my "common sense" esp around this 3rd party rule mentioned in other comments. It kind of sucks that US "winning the internet" means that even non-US citizens are subject to US law in this regard.
It's OK to say "don't throw out a few pieces of paper for a bit", but that doesn't compare to "please spend $500k/month more on S3 bills until whenever we get around to hearing the rest of the case". (Perhaps that much money isn't that important to either side in this _particular_ case, but there is a cost to all this data retention stuff).
A judicial system populated by people who don't understand what's possible is a real issue.
However the risk of data being leaked, or data being requested through a gag order, cannot be ignored.
That said I don't think the arguments were made, the judge is right to dismiss arguments that don't address these nuances.
I wonder what the precedent with google searches is.
I note with amazement that tons of hn users with zero legal experience, let alone judge experience, are sure its the judge who doesn't understand, not them. Based on what I don't know but they really are sure they get it more than the judge!