
Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA
The Lawfare Podcast
Is There a Fourth Amendment Protected Interest in Telephony Data?
We're not talking about medical records. We're talking about a category of data which, under controlling supreme court c precedent, there is no reasonable expectation of privacy. And these are business records of a telephone company. These are not your personal records. These ar the records that the company maintain for its own purposes. That's not to say that there isn't a privacy implication involved here, and that's why the programme was set up the way it was. It wasn't just indiscriminate. A different programme involving different records would present different considerations. But we are talking about records for which there's pretty clear, a pretty clear supreme court case that says there's no fourth amendment protected interest involved