Re: I don't know who's leaking this stuff...

David Dean did pass the time by typing:
> In article <[email protected]>,
> "DougW" <[email protected]> wrote:
>
>> And just how do you propose they catch the terrorists before they strike
>> again?
>
>   I'm not the best person to ask, but there is no excuse for ignoring
> the Constitution to do it.

There is nothing in the constitution to prevent them from doing what they
are doing now.  Only certain court decisions have established the right to
privacy as a basic human right and thus protected under the 9th amendment.
But the case law is not all encompassing.  The 3rd and 4th for search and
seizure apply primarily to private property.  It's still up to the court
to determine if the search was proper. If it wasn't, no information gathered
from or due to that search would be admissible in court.

Amendment 4 - Search and Seizure
"The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."

"unreasonable" is the grey area.

The argument of Constitutionality is moot.
Phone records are property of the phone company,
they are not private records.

Food for thought, email is the same.  Unlike snail-mail there
are no privacy protections afforded to email that ISPs are not
willing to fight for.

-- 
DougW