But in my legal naivete, we may be at a point where the case law on administrative searches may not cover the exact situation involving the new techniques and that the courts need to be brought in determine the applicability. The fact that it is not specifically allowed is the cause of the ambiguity.

I also believe this strategy of using the courts will turn out very, very bad. Historically, they have pretty much allowed all extensions of administrative search powers for which the various government entities have asked.

Moving public opinion will be faster and more effective. And messy.