> But if he said "here they are" or they came back with a warrant or a subpoena, there is nothing you could've done about it.
Assuming lack of contract, absolutely correct. I've never disputed that, I don't think anyone else has, either. Have you been attacking a strawman all this time?
> With regards to the NSA accessing call records, there is a warrant from the FISA court
A very broad warrant. A general warrant. Precisely what the founders forbade in the 4th Amendment.
> In case of PRISM, there is voluntary cooperation by the companies involved.
I decline to speculate on what PRISM does or does not include, as the reporting right now is an unclear mess.
> There is no indication that third parties are being coerced to cooperate just "because law enforcement officers say so."
Since FISA obviously can't be trusted to provide meaningful oversight, I think the general warrant issued for the Verizon data qualifies.
> The government accessing the information without the consent of the third party would be a 4th amendment violation, not of your rights, but of the third party's rights.
I still haven't seen you cite any actual precedent explaining this.
> But that's not happening here.
The general warrant is an obvious 4th Amendment violation, whether it's violating Verizon's rights, their customers', or both.
NSLs are clearly "because law enforcement says so", so now I wonder, on what basis do you defend those?
Assuming lack of contract, absolutely correct. I've never disputed that, I don't think anyone else has, either. Have you been attacking a strawman all this time?
> With regards to the NSA accessing call records, there is a warrant from the FISA court
A very broad warrant. A general warrant. Precisely what the founders forbade in the 4th Amendment.
> In case of PRISM, there is voluntary cooperation by the companies involved.
I decline to speculate on what PRISM does or does not include, as the reporting right now is an unclear mess.
> There is no indication that third parties are being coerced to cooperate just "because law enforcement officers say so."
Since FISA obviously can't be trusted to provide meaningful oversight, I think the general warrant issued for the Verizon data qualifies.
> The government accessing the information without the consent of the third party would be a 4th amendment violation, not of your rights, but of the third party's rights.
I still haven't seen you cite any actual precedent explaining this.
> But that's not happening here.
The general warrant is an obvious 4th Amendment violation, whether it's violating Verizon's rights, their customers', or both.
NSLs are clearly "because law enforcement says so", so now I wonder, on what basis do you defend those?