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If I'm not mistaken, text messages and email are in a "gray area" as far as wiretapping.

Oops. Nope. Dead wrong on that one. Black and f'ing white:

https://ssd.eff.org/wire/govt/wiretapping-protections

Although it looks like having the program already on there allows them to call it "interception" which doesn't require a warrant at all.

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We have long needed a "privacy amendment." It would solve so many problems.