they're not doing it

(1) "If the police went around keeping files on who you lived with and who your roommates were, I think people would be outraged," said Jay Stanley, a spokesman for the American Civil Liberties Union, "And yet in this case, they're not doing it, but they're plugging into a company that is able to do it easily."

I think "they" refers to "police", and yet in this case, should the spokeman say "they should not be doing it" -- Sorry, I don't understand the exactly meaning of "they're not doing it."

(2) Has the following been expressed clearly and vividly?

Before going to bed, to our surprise, the second brother wanted to wash the feet for the fifth brother. The latter cried to the big brother for help with a voice of weeping. The big brother, laid hisself on his bed, and replied loud to the fifth brother:"Brother, put up with that!" I saw the fifth brother bit his pillow towel after hearing the persuasion.