Just getting back to the thread for a minute, one thing that could be done possibly even by casa at a finite cost and in a finite time would be to remove all references to "strict liability". That concept was never intended for trivial regulation infringements and is entirely out of place in that context. JMO.
And let's leave 1989 out of it. Not relevant. Besides, nobody who wasn't involved in that dust-up seems to have the faintest idea what happened or why.