The Supreme Court already ruled that agents of the state ARE covered by the 3rd amendment. We just have to argue that these computer malware are the 21st century version of virtual agents of the state. After all, this thread is about updating the rules for modern realities.
From Wikipedia Third Amendment to the United States Constitution :
The Third Amendment has been invoked in a few instances as helping establish an implicit right to privacy in the Constitution. Justice William O. Douglas used the amendment along with others in the Bill of Rights as a partial basis for the majority decision in Griswold v. Connecticut (1965), which cited the Third Amendment as implying a belief that an individual's home should be free from agents of the state.
-PJ
Your thinking is clear on this, and your idea has merit.
I apologize, I’m in a bad mood today. Baltimore.
In my opinion, you’re on to something.
In any event, spyware from the government would surely beget anti-spyware from the private sector. Are they going to make that illegal? If the courts rule that it is illegal to undertake the removal of government spyware from your computer, will it also be illegal to cover up the lenses of government-installed cameras in your bedroom?