I don't think they mean "cannot do" as in "don't have the capability." But rather "cannot do" as in "are not allowed to do." If the government can't (is not all

I don't think they mean "cannot do" as in "don't have the capability." But rather "cannot do" as in "are not allowed to do." If the government can't (is not allowed to) surveil me without a warrant, it shouldn't be able to (be allowed to) buy surveillance of me from a private party either.