It being for sale means anyone can be doing it which might be a framing that would be more alarming to the law-and-order types.
But really you need a two prong solution:
1) restrict this from being collected and compiled in the first place, eliminate the ability to default to this tracking unless someone opts out
2) restrict the government's ability to use or acquire through non-market-based means. The claim here is that there's already restrictions on this vs directly surveiling, but I haven't seen directly which specific restrictions those are for buying off-the-shelf info and the article doesn't specify.
There are very really no companies that I trust to keep my data safe for 10, 20, 50 years. Leadership changes, ownership changes, etc. We have to cut it off at the source.
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.