>I'm confused, I thought I was very critical of these tests in my comment.

It wasn't until the last sentence of your 2nd paragraph where you make any negative remark about them. Up until that point, your comment reads like it is justifying the tests because they are legal. At least that's how I read it.

I read it as a critical comment. Perhaps read it in my mind as "it's legal but not ethical..."

Some folks read "It's legal" and hear "It's legal and therefore acceptable"