[cliffu]

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.

[rdl]

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.

[mpyne]

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

[cliffu]

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.