Yes, that's exactly why I mentioned that emails under the suspect's own custody would be protected. As I understand the law at the time, if the phone company t

Yes, that's exactly why I mentioned that emails under the suspect's own custody would be protected. As I understand the law at the time, if the phone company themselves had happened to record the conversation and voluntarily chose to divulge it to the government there would have been no crime, and the evidence would have been admissible. The 4th Amendment applies to the government, not to third parties, and this is why the government has had to pass laws strengthening privacy protections, even after the Katz decision.