The concern I have with this provision is not in our ability to prove or disprove something, or to make a finding on something. It's because, if you add an activity in this list, I am bound by that list. The courts are bound by it. If you add an activity in there that isn't necessary, it becomes an unnecessary exception to the rule of consent. It's one I would have to apply, because I am certainly bound by the law. I will apply the law, as will the courts. It means that, because of this paragraph, there is that risk or possibility. I'm not suggesting it's the intention of the government to do so, but the law would allow the government to carve out something that is unnecessary.
I think that should be reduced and limited to make sure the exceptions we have to the fundamental right to privacy are necessary.