[downandout]

There are laws that specify that certain types of surveillance/tracking cannot take place. In most states, you cannot be recorded in the bathroom, for example. There are also federal laws against recording of audio in most public places - this is why casinos have incredibly sophisticated video surveillance and analysis software, but do not have microphones to listen in on conversations.

So the rules of the tracking and surveillance road are well defined, and most businesses adhere to those rules. All of the privacy complaints I have seen recently did not involve violations of the law. Rather, these complaints are essentially that people have a fundamental human right to use private services being run at the cost of private entities on the terms that users choose, which just isn't how the world works.