To be clear, I'm not saying that there should be no consequences if you distribute a message that I didn't want you to. I'm just saying that I shouldn't be able to stop you from doing so. If you signed a contract saying you wouldn't, and then you do, I should still be able to sue for that, but the existence of such a contract shouldn't let me control your technology to prevent you from breaking it in the first place.
I'm distinguishing between two different meanings of "can't": not allowed vs. not capable. You should be capable of violating NDA/ToS's, but possibly suffer legal consequences if you choose to do so.
