Comment by otterley

> the activities are clearly unconstitutional by any conventional analysis by any qualified US attorney. Whether or not you could develop the requisite proofs is another matter entirely

I assume that when you say "develop the requisite proofs," you mean "prevail in court." In Constitutional law, these are inseparable and an outcome of Marbury v. Madison. The Court says what the law is. If the Court's opinion is that the Government's behavior is permitted by the Constitution, then it follows that the behavior is Constitutional; and because our law relies on precedent, that interpretation is rather sticky. It does so happen that from time to time, we overturn precedent--and I hope we do, because we have some pretty bad law out there--but until then, we rely on it to predict the outcome of future cases.

> There can be zero doubt that the subpoena upon Google violated due process. Being an administrative subpoena, there was no judge involved but due process ( eg probable cause ) is still required and - absent some wildly unimaginable set of unknown facts - there was clearly no probable cause here.

Yeah, I agree. The problem is, without some sort of injury, there's likely no standing, and so the case will probably never see the light of day.