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They're sidestepping the definition of wiretapping by having the service provider give it to them. Being a private entity you choose to do business with gives them the ability to do this.
I'm guessing if a state challenged them on state requirements to record a conversation without the parties being made aware, the feds would claim the commerce clause allows them to ignore state laws on communications.
Actually thanks to the government, the Patriot Act and all those other pesky interventions on American freedoms the NSA and their ilk have carte blanche when it comes to intrusion on our privacy. No warrant? No problem....
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