A civics lesson from General Hayden

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Common Sense & Principles

Thank you for this analysis.

The focus of past legitimacy of such trap'n'trace procedures has been the fact that, because I voluntarily give the phone company both my number and my destination number, the phone company becomes somehow a "Third Party" to the conversation, and that no expectation of privacy exists.

However, this is a fundamental corruption of the spirit, if not the letter, of Amendment IV.

A better model to understand the reality of the situation is this: My telco and I are parties to a contract by which they provide a service to me. The government has NO STANDING to interfere in that contract without a warrant. My phone number, call destination and duration are part of the contract I have for service with my telco.

Absent a specific warrant for that information, what authority does my telco have to breach this contract? Riddle me that, Batman...

Posted by: mujadaddy   Posted on: 05/18/06 You are currently: a Guest | Members login | Terms of Use

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