While some may argue that RSS feeds (for Real Simple Syndication) have fallen from commonusage in the social media era, how would Google explain the huge, instantaneous response on Twitter from Google Reader users?
The courts may eventually address some of the access and usage issues in the context of existing common law and statutory privacy torts, but this is a long process developed on a case by case basis.
As DOJ gains expertise related to such industry usage and establishes a pattern of addressing issues common to different investigations in the same manner over time, the lives of outside counsel inevitably will become easier.