guruvan is quite correct. I'd just been about to post that myself.
In this country, rights are considered to be intrinsic parts of us, given by our Maker. The idea of living without your rights is similar to that of living with an artificial wooden head.
The whole excuse for having a government is to keep those rights upheld. To the extent that it does not - or encroaches upon those rights itself - it's failing in its own purpose.
We delegate specific authorities to that government in the founding documents. Anything we did not delegate to it, or to the States, remains with us. No matter how big a heap of legislation they generate purporting to give themselves brand-new authorities, or create brand-new offices to control, monitor or dictate various aspects of our lives.
In order for me to give something to myself or someone else, I must first have it to give. The same goes for government. I suppose I could steal it from someone else, but that would be theft on my part. In government, this is called usurpation.
So waiting for a government to tell you what you can and can't do is pretty silly. They do have control over how corporations are run, but that's only because we told them to regulate interstate commerce. That's probably forfeit at this point, inasmuch as they're so far outside the Constitution in most other ways. I would say people would be completely within their rights to do an end-run around them and do whatever via Tor-based encrypted sites; the government has pretty clearly defaulted on its Constitutional duties by this point, and subsidizing it or adhering to it is more or less giving aid and comfort to the enemy.