Fine, then kick their ass for signing agreements that will LEAD to deprivation of civil rights by those in authority. If there was no way to test the device without violating the Constitution, they obviously had no business signing.
(Obviously there was, they could have just used it on each other for test purposes, but the point is valid. “Dog ate my homework” isn’t a valid excuse.)
Manufacturer also should be kicked in the ass for conspiracy to violate civil rights. This, to me, is a hanging offense.