this post was submitted on 02 Oct 2025
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Privacy
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Well your phone calls themselves -- the actual conversation -- shouldn't be accessible without a warrant for a wire tap, that's pretty longstanding precedent in the U.S. Cell phone location information is also protected by a warrant (Carpenter v. U.S.), but pen registers (logs of who you call) do not require a warrant (Smith v. Maryland). I'm not sure if governments are prevented from purchasing data from carriers, just as any data broker could do. Additionally, who knows if governments are secretly collecting phone call and cell phone data and storing it, but only accessing it once they have a warrant. It's impossible to know what's fully happening on the back end between big telco companies and the gov't.
Either way, at the end of the day, whether you have Cape or some other service, if you're at the level of the government getting a warrant for your data any legitimate company is going to comply. That's why the best thing is to have a company that can only turn over limited amounts of data because that's all they have.
By the cops or FBI maybe. The NSA is absolutely recording any and all phone calls that touch five eyes phone networks. That's what Snowdon warned us all about.
Collecting and monitoring are two different things. If NSA is still dragnetting communications in the post-Snowden era, it’s likely storing and then accessing when something gives the reason. The sheer volume of communication data is far too large to monitor everything.
By people, sure. Run it through a magical analytical algorithm that flags stuff for people to look? Or if that's still too much everywhere, they could focus it on a certain area's towers and process that data. Will it catch everything or not generate false positives? No, it's not perfect, but I could see it helping them and being done.
I doubt an agency like this would just hoard the info and not proactively use.