Well actually
They already have the private data, illegally. Or maybe it was legal for some purposes, but not for other purposes, but never mind the purpose they just took it all willy nilly. And continue to do so at every opportunity, even after (rarely) the courts slap them down and tell them to stop.
The whole point of the proposed legislation is to legalize what they have already done and continue to do. Open the floodgates, as it were. They will keep banging away at it until they succeed. "Here again are the reasons why scanning devices for unlawful files is not going to fly", followed by "New (rehashed) proposal to scan devices", forever and ever in an endless loop, until one day it does fly.