You "agree" to give cnn.com (or whoever) the information when you visit their site through stupid TOS BS. You also "agree" that they can sell it.

Law says don't collect the data through surveillance. Law doesn't say "don't buy it from people selling it willingly" - probably nobody anticipated that, because... it sounds kinda stupid if you don't know how we got here... yet here we are.

So instead of trying to lawyerball it to make courts declare that it somehow falls under current restrictions, based on intent vs the actual words, we just need to update the damn laws.