1-You may be right about Alito (I hadn't specifically looked at his fourth amendment thinking, I just went on the general vibe of the rulings in which he has participated in, most notably his majority ruling in Clapper v. Amnesty) http://www.supremecourt.gov/opinions/12pdf/11-1025_ihdj.pdf, in which case there is even more hope. I had quite forgotten his earlier thoughts at Princeton: http://online.wsj.com/news/articles/SB1000142412788732487950...

I have to admit Alito is the one justice I can't quite get a handle on.

In which case, flip Alito with Roberts, consign Scalia and Thomas to the non-hopes, and there you are.

2-I don't understand your critique, as this was exactly my point of stating: "a strongly written amicus brief in this situation by technology-savvy leaders could well tip the balance."