I see your point about the 1/2 mile, but this distance will have to be proved along with the matter of 'a safe place to manoeuvre' back into the inside lane. With constant flow of traffic and both lanes doing the maximum 70, I do see technical issues.
Very subjective and difficult to prove:
How long is 'hogging'?
What distance is 'tailgating'? At what speed?
Going to be some serious court cases and where does the onus of proof lie?