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As noted, the company can sell it however. Which is even easier than a search, which typically requires paperwork.

They can, yes. But this is a legal loophole that the government abuses to circumvent a warrant required by the 4th amendment.

The 4th (and 5th) amendment requires warrants to compel folks to do things they aren’t voluntarily consenting to do….. Not really a loophole per-se.