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That's unnerving, albaby. That should probably be repealed also. Seems like "unreasonable search and seizure" to me.

Actually, it's not (according to the SCOTUS). Remember, when the government seeks to obtain records of the phone numbers you've called, they don't have to search your home or phone. They go to the phone company, which maintains that information for a variety of other purposes. You have no realistic expectation that information that you voluntarily turn over to the phone company by dialing a phone number is going to remain confidential or private, from a Constitutional standpoint. Once you reveal information to a third party, you no longer have any realistic expectation that it will be kept private, under the Smith analysis. So government obtaining that information is not a "search" under the 4th.

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