Re: "Since there is no statement or law that indicates that what you do on the internet is private"
I think the courts were quite clear that they expected the appelants to collect testimony, not necessarily direct causal evidence. But they didn't even gather enough testimony to demonstrate how this information was purportedly harmful or implemented illegally.
You can't go around making statements like "obviously illegal" in court filings; you have to demonstrate exactly how something is illegal in a preponderance of related cases.