The US is so overdue for regulation/laws on privacy and electronic communications. The internet is too embedded into our daily lives for the existing rules that governed a bunch of hobbyists and early entrepeneurs to make sense.
Unless specified clearly and plainly (not obscure TOS), everything should be private by default and require a warrant. If that's not possible because "the data can live forever/be copied", then we need data laws that make holding data on cosumers so radioactively dangerous the companies are forced to adapt. It's not their decision to make, it's the people od the country where the live, work, and do business.
So if some 14 year old wants to throw up a phpBB instance on his raspberry pi, he should need a license and regulators' noses in his business, like how we extinguish- erm, I mean, controlled HAM radio?
How do you differentiate?