Hit the nail right on the head. As long as SCOTUS is willing to let Congress get away with things, and people aren't holding Congress responsible, there is basically nothing to be done.
Agreed. If this is such a great feature that consumers want, someone will build a handset with it and it will be popular. The feds are getting their fingers in way too many pies these days... that's what happens when the Commerce Clause gets interpreted ever more broadly.
You make a good point. I hadn't thought through the implications of the flipside, which is requiring all occupants, present or not, to be present and assenting to any search. I guess I would rather have searches limited than otherwise though, so the thought of it being more difficult to search doesn't bother me too much.
I'm the AC above - I agree that Congress is unwilling to legislate and would rather pass the buck... hence why Congress hasn't declared war in a while. Every senator and representative wants to "keep their hands clean" of these sorts of things. I think though that if enough people started making noise about these infringements, it would force them to pay attention.
Hit the nail on the head.