So says the government lawyers:
One government lawyer who has participated in negotiations with telecommunications providers said the Bush administration has argued that a company can turn over its entire database of customer records -- and even the stored content of calls and e-mails -- because customers "have consented to that" when they establish accounts. The fine print of many telephone and Internet service contracts includes catchall provisions, the lawyer said, authorizing the company to disclose such records to protect public safety or national security, or in compliance with a lawful government request.
"It is within their terms of service because you have consented to that," the lawyer said. If the company also consents, "and they do it voluntarily, the U.S. government can accept it."
I heard the senator from Missouri say yesterday that business records are not protected by the 4th ammendment. This is their strategy. I hope people aren't going to lie down and take it this time.
http://www.rawstory.com/news/2006/Government_lawyers_say_Americans_consented_to_0512.html