“Instead, it is that innovation rhetoric frequently deploys “innovation” as if it were a fundamental right, using the same argumentative structure as First Amendment or other civil liberties claims. (To be clear, “innovation” is not such a fundamental right.) This is particularly ironic in the privacy context, where fears of “stifling innovation” are commonly and frequently used to resist any attempts to protect privacy, an actual fundamental right protected not just by European law but by American law as well.”