I don’t think anyone is implying that it not being illegal would make it ok.
It doesn’t seem like any criminal charges being brought in this case. So sure, an argument could be made that this violates the 4th amendment, but under the current application of the law this seems legal. Which means all and ICE agent needs to get access to flock data is a friend with access. Surely trying to understand that isn’t lazy or justifying anything?
I've heard bad faith 'if it's legal, it's fine' quite a few too many times to see it as anything except either intellectual laziness or simple bad faith. This is a rhetoric that always seems to pop up whenever anybody advocates for the ethical practice.
I also think it's a pointless exercise to understand the legality of it. Unless you're an actual civil rights attorney, a legislator, or some kind of judge, you, me, and everyone else here has effectively zero power over how the law is interpreted. We can debate all we want but it's a dance in the ivory tower, removed from realworld consequence.
The only real way to push against these forces is to join up with a community organization local to you, volunteer groups that often struggle with basic tech setup and resource tracking. Folks from HN could be a huge boon to the movement if they simply had the initiative to get involved.