Comment by freedomben

I think you're probably right in your analysis of their thought process, but I'd almost rather they force legislation's hand. Then there's a chance to hold elected officials accountable if they pass it, and there's a chance (IANAL) for a Supreme Court to throw it out as violation of the 4th amendment to the US Constitution.

Even in the worst case (law passes, court upholds, and people re-elect the politicians) at least we have a definition somewhere on what is and what isn't ok. Today where it's ambiguous and "Company X may or may not" leaves a person to wonder.