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Wednesday, January 7, 2009 12:00 AM

The DOJ pursues the "real criminal" in the NSA spying scandal

While the high-level lawbreakers are protected from consequences by our political class, only the courageous whistle-blower is subject to criminal prosecution.

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  • Wednesday, January 7, 2009 09:23 PM

    @ thelastnamchosen

    The idea that communications providers, from AT&T to the kid running a mail server in their dorm, somehow have less fourth amendment protections, because they provide communications services, is pernicious and ass backwards.

    Businesses are under different rules. Period. For instance, business records are open to subpoena, while your personal papers are not.

    If we replace "voice communications" with "hunting knife", the idea of a warrant that didn't specify the place to be searched would be absurd. It would be a blank check to search every house.

    Even traditional searches are a bit weird (at least according to customary 4thAm law). In the warrant is for a stolen refrigerator, they may still search your drawers. I don't agree but that's the law.

    Cheers,

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