Right, but you being bothered doesn't have any legal weight.

It's kind of like the torture thing (excuse me, "enhanced interrogation"). It's plainly against the law, but your counsel has a novel legal theory about how black is actually white, up is down, etc. The person who would prosecute you for violating that law is the one you appointed, or possibly Congress if they felt like impeaching you. But... nothing happens. People argue about whether what you did is really right, or if torture is actually torture, and life goes on.

That's the problem though. The courts haven't said anything related to these types of operations. It's not like drunk driving with clearly defined tests and much precedent law.