How broad is the right to mine data? How much protection the First Amendment provides for "data-mining....

Argument preview: How broad is the right to mine data? by Lyle Denniston

The US Supreme Court held a one hour of oral argument on 26th April on the scope of constitutional protection for the modern phenomenon of “data-mining,” the creation of usable information out of masses of stored computer entries.  The case is Sorrell, et al., v. IMS Health, et al. (10-779).   Arguing for the state of Vermont, defending a law that limits the commercial use of such data, will be an assistant state attorney general, Bridget C. Asay of Montpelier.  Supporting such regulatory efforts, for the federal government, will be Deputy U.S. Solicitor General Edwin S. Kneedler, with ten minutes of time.  Speaking for data-mining companies and pharmaceutical manufacturers will be Thomas C. Goldstein of Goldstein, Howe & Russell in Washington, D.C.  

Whilst it is an interesting question, the question should not be about the right to mine but the right to accept/ opt out of the offer of a barter (data for services) and was it understood.