[shadowgovt]

Code is speech, but installing an OS someone else wrote on hardware you own is not code.

I think you're making a good argument for why the regulation should be at the network-connect level and not the OS-account level, though, if the real issue is that networks are a shared resource with consequences for other people (which seems to be the issue). At that point, the OS collecting the data is just a convenience to satisfy the requirement for network access, not something that needs to be mandated.

> most of the Internet is private

True, but automotive licensing still applies to one's right to operate a vehicle on turnpikes. I believe the analogy here is that you might not need a license to set up an intranet.

[iamnothere]

> True, but automotive licensing still applies to one's right to operate a vehicle on turnpikes.

I wonder if this has ever been challenged? Driving on most private roads does not require a license or even a tag.

My rough understanding is that turnpikes are a special case because they were established by legislative charter, but it would be interesting to see the specifics. I don’t know much about the legal history.