and that is the beauty of the Constitutional argument - it matters not what specific behavior I may or may not have engaged in because I cannot grant authority to some other party to behave in a manner that is inconsistent with Constitutional principles and precepts. The mass harvesting of my personal data in the absence of a Warrant as specified by the Constitution is simply illegal. Of course, in an era where the Supreme Court blatantly and in full view of the public usurps the authority of Congress granted under Article I section 4[1] regarding the manner of holding elections, as they did with their decision Citizens United . . . in such an era obviously it would be fool hardy to hold one's breath waiting for either Congress or the Court to assert that it is unConstitutional for the private sector to harvest the data of private individuals.
But perhaps they may be induced some how to hold theirs . . .