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by cliffu 4661 days ago
No, congress and the tech companies have the incorrect understanding that phone calls and emails going through a third party gives that third party consent to share them with the government.
2 comments

4A as it has been interpreted is woefully inadequate for privacy protections in the modern world. Absent a complete change in how the courts do this, we need laws like ECPA (but better), technical countermeasures and a strikedown of laws like CALEA (which is unconstitutional already), or a constitutional amendment explicitly protecting privacy. Or all 3.
If that's an incorrect understanding, it's an incorrect understanding that the EFF also shares, just so you know: https://ssd.eff.org/your-computer/govt/privacy
Yes, I'm being flippant with the terminology. I know that to be true but strongly disagree that we should have no reasonable expectation of privacy for emails. Telephone calls go through a third party and they are covered.
Yes, but telephone calls are covered because Congress passed a law making it so, not because of a Supreme Court ruling per se. Separate laws had to be passed to protect cell phone calls, beepers, etc.