That said ... I wish I knew what the answer was. Or even if there was one. On the one hand, you wind up holding people responsible for, and to some degree penalizing them for, actions in which they had no part. And such policies can, sometimes, instill doubt in the minds of their beneficiaries; that can't be denied. On the other hand ... we've pretty much seen that if you don't have such requirements in place, people backslide.
So what, exactly, can you do to make things work?
That said ... the spectacle of Ashcroft defending these policies ought to be worth the price of admission, all by itself. He'll probably look like he's swallowing a dozen very bitter lemons. (Actually, he'll probably delegate it. But still, the very concept ought to get his goat.)