Comment Re:Fine Print (Score 2) 396
So what? ToS don't trump the Constitution, and "may turn over records for law enforcement purposes" can mean records that are subpoenaed.
You are confusing private contracts with government charters- the two don't necessarily relate. A private entity can give your data to whoever they want so long as you agree to it by accepting the ToS (provided they include the permission in the fine print). It's not wiretapping. You're giving the private entity free reign, and the private entity is giving the government free reign. Yes, it's legal. Yes, it's constitutional (according to current judicial precedent). The Constitution does not ban your ISP from tattling on you to the government as long as you agree to allow them by accepting their ToS. The Constitution only pertains to scenarios where the government wants to search someone or their possessions directly. If you give your possessions over to someone, and you sign a contract with them saying they can give it to the government, then it's not illegal for the government to take it.
I'm obviously not defending this, but this is just the current legal reality. Current common law precedent and overly-permissive DoJ civil law interpretation have conspired to allow this sort of loophole.