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Re: Richard Epstein Tells Paranoid Libertarians to Get a Grip
John Grant: ...
I don't own the records from phone/internet usage etc. The company does. But businesses had 4th Amendment rights (at the Founding and after). I should be able to make a contract where my records are kept between me and the business unless there is probable cause to suspect that I have committed a crime.
My understanding is that PRISM (or a related program) allows for the collection of "meta-data" from US citizens. Content is then only to available with a warrant from the (secret) FISC. I argue the "meta-data" category is not valid because it involves government search without a warrant.
By the way, good job at sparking a lively discussion.
1 hour ago
I agree that the company would also have rights under the 4th Amendment. What I do not know is if Verizon or any other telecom attempted to assert such a right and fight the subpoena.
I believe PRISM is the program involving the tech companies such as Google, Microsoft, Apple, Facebook, etc ... and is distinct from the Verizon metadata collection.