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Where does the word "monitor" appear in the 4th amendment? I think that is your embellishment.

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Your phone call and email are out on the public networks.


I'm sure albaby could quote the case law, however I do believe that the courts have ruled thusly. Which is why they have to get a warrant to tap your phone (that's "monitoring"). Failure to do so gets all evidence collected tossed out. At least until the Patriot Act(s), anyway.

Though based on albaby's latest reply to me the question of data given to a third party isn't as clear.
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