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I think you will find, if you deep dive, that this is less about statutes passed by Congress and more about case law/jurisprudence derived from case rulings. A
by thephyber 5y ago
I think you will find, if you deep dive, that this is less about statutes passed by Congress and more about case law/jurisprudence derived from case rulings.
Also important is that these are not two giant melting pots silos of data. Your mobile phone provider has multiple types of data that require differing burden of proof for LEOs to access. Some require an actual warrant, whereas others may be obtained simply by asking or purchasing (due to the Third Party Doctrine).
Similarly, Google has massive troves of different kinds of data. Your Search Queries may not have the same level of protection as access to your Google Maps location data which may differ from WiFi wardriving, which may differ from Google Phone account data, etc.
Historically, land lines had very stringent protections in US law. A “Tap and Trace” warrant had specific burden of proof and requirements for LEOs who listened in (there were fantastic scenes in the Sopranos and The Wire that showed criminals frustrating police while being spied on), but I believe mobile phone call content is governed by different statutes.