Good point
And I'm not about to go defending Gates & Co. for acting like what they are: a monopoly.
Since they are not themselves officers of the law, they are not bound by due process, or the 4th Amendment. But, all they can do is make "recommendations", and the wheels of anti-piracy grind exceeding slow.
If I were in the Bush Admin's Justice Department, I might say "If you're not breaking the law, you have nothing to worry about." But I'm not -- I prefer to defend the Constitution, not abrogate it.