> That whatever you do in public is always available without a warrant

That's not relevant to this case.

Suppose I'm traveling in the back of a van with blacked windows. Nobody can see me. No camera in the world will record me. They are arguing that I still have no expectation of privacy, which is ridiculous. Maybe if you are walking around with your face visible, sure, but that's a important condition.

Another problem with this argument is facial recognition is far from perfect.