Conclusions
The telephony wiretap model does not fit the Internet very well.
- It’s fitting the telephone world less and less well, too.
Much of the difficulty stems from the (possible) end-to-end nature of the Internet.
Low-burden court orders for pen register analogs may not be constitutional.
But full-content wiretap orders are overkill.
I suggest that the standard for non-content Internet taps be similar to that for search warrants.