It does, and I don't have an easy solution to that.

But one way or another, a legal system needs to be able to acknowledge some situations where the specific victims can't be identified. If I vent a crapload of pollutants into the air and the rate of respiratory illness goes up 10%, nobody can prove exactly which cases were my fault, but it's still pretty clear that I'm harming somebody. I view this one in a similar light.