That's the only point I agree with, it is too obtrusive to regulate what happens in the privacy of your home. Paying an ISP for bandwidth to trade commercial media with other people who pay their ISPs for the bandwidth, perhaps facilitated by a website selling advertising space, is not done in the privacy of your home and involves profiteering from different parties clipping the ticket each step of the way.
Hmmm, well you're right, to an extent. I write letters on bought paper with a bought pen and put it in a bought envelope to which I affix a bought stamp, then put it in a public post box, after which it is collected and taken to a mail station, sorted for transfer to another mail station, transferred, sorted for delivery and delivered, by paid postal employees, much of which is not done in the privacy of my own home, and involves profiteering from different parties, and yet I still consider the contents of my letters to be private. It's not for this reason that file sharing is not private. However, you're right that file sharing isn't private, because it involves making material publicly available, or in other words, publishing it. This was a bad argument on my part.
I would question, though, whether outlawing this quick and simple non-commercial act really advances the public good, and whether it is workable without massive fines and guilt upon accusation.