Is this a viable prosecution strategy:
Avoid discovery.
Parallel construct case based on knowledge obtained through spyware.
Craft a suspiciously precise network investigative technique based on the 
subject's habits.
Rely on known frowning by judges to avoid anyone going to the media.
Even if anyone went to the media, the media is biased against actually saying 
anything.
Rely on an argument to the jury that "this is legal, we have a warrant to do 
this, based on our extensive knowledge, this particular set of habits is 
actually common, no we don't comment on our procedures, that is a political 
question."

This does seem self evidently absurd.

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