I never claimed flock was the first - you just invented that whole cloth. It also entirely misses the point I just made (intentionally I think). Different degrees of the same thing can and should be treated differently.
I am not singling out flock here. I am merely observing that a given behavior having been deemed legal or constitutionally protected in one context does not necessarily translate over to another. Your previous line of argument justifying that the practices of flock et al are legal depends on such specious reasoning.
> The publicized flock examples make clear that the nature and scope of the queries that can be run against modern systems are far beyond what was possible in the 90s
Then how is "the nature and scope" of Flock different? You didn't actually bother to explain what you meant here. In your earlier comment you emphasized that flock's aggregation is nationwide, which is why I was under the impression that is what you were referring to.
I am not singling out flock here. I am merely observing that a given behavior having been deemed legal or constitutionally protected in one context does not necessarily translate over to another. Your previous line of argument justifying that the practices of flock et al are legal depends on such specious reasoning.