Of course it means that it stays out of the way by default. We have a legal system based on blacklisting things that aren't permitted not a legal system based

Of course it means that it stays out of the way by default. We have a legal system based on blacklisting things that aren't permitted not a legal system based on whitelisting things that are allowed. And furthermore we have a meta-blacklist of things the government isn't allowed to blacklist (i.e. government can't add prohibitions that infringe on individual rights and liberty, broadly speaking)