The problem is.. as long as a law is "on the books", you never know when the day might come where someone finally decides to enforce it.. and if they do enforce it, what are the repercussions?
The question then becomes.. Are you willing to take the risk and face the penalty? or Will you decide that the risk is not worth the reward?
I agree this is probably the major problem, if people want to get you for something they will find something. For example, we just saw Martin Skrelli get convicted of securities fraud. Had he not been an ass and gotten hated by the public, authorities never would have looked into his affairs.
I completely agree with you. There have been so many times when police or other government official decide to bring up a law just to enforce it out of nowhere. Like you said, are we willing to take the risk?