Comment Re:I hope this wasn't a trojan horse (Score 1) 599
Normative citations (since you claimed "sections"), or it's made up.
A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.
"Indeed, a law enforcement official could not even determine from the use of a pen register whether a communication existed. These devices do not hear sound. They disclose only the telephone numbers that have been dialed - a means of establishing communication. Neither the purport of any communication between the caller and the recipient of the call, their identities, nor whether the call was even completed is disclosed by pen registers." United States v. New York Tel. Co., 434 U.S. 159, 167 (1977). [442 U.S. 735, 742]
Given a pen register's limited capabilities, therefore,...
-442 U.S. 735
and continues to base its reasoning on those limits.
The government tries to use that to justify collecting "metadata" which includes MUCH more information, and which is collected in bulk against a large number of citizens. Unlike the wired phones in play with Smith, cell phones are much more effectively linked to specific individuals.
Second, the decision depended upon "no reasonable expectation of privacy" for the numbers dialed. It was in the days of the old Bell System, which didn't promise customers any level of privacy. Most, if not all, modern cell carriers have explicit privacy policies, from which customers DO gain a reasonable expectation of privacy for any information they provide to the carrier.
Your claim that modern activities have been "affirmed by a 35 year old case" are false at best, otherwise ignorant or deliberately misleading.
The cost of feathers has risen, even down is up!