The only thing that protects the status quo is that the 4a jurisprudence ignores the most of the coercive power of the federal government and its agents. A better position to take is is that the lawfulness of _all_ this tech company scanning has already been destroyed by this lawsuit and not just if it wins: The lawsuit is a demonstration of the consequences for not "voluntarily" scanning. It helps show that the prior scanning wasn't voluntary at all.