Hmm. Personally, I disagree; I'd prefer to outlaw it explicitly. That's just my opinion, but I think that regulation has failed to keep up with the pace of technology and we've essentially lost the effect of some constitutional protections.
I don't necessarily disagree, but I also don't think that it makes sense to wait to address the immediate issue of a private company centralizing the surveillance until there's sufficient political will for that (which realistically might not ever happen).
Sadly this was the entire lesson of Marbury v Madison, and the courts are supposed to be the mechanism that brings the hammer down on things that clearly violate the constitution where legislation has not yet arrived, but the courts are completely failing to protect us from what are obviously 4th amendment violations writ large on the entire nation, absurd.