Just food for thought...
Is there really any expectation of privacy when making a call to a foreign national (other than privacy from the U.S. government). I mean, beyond all the intermediary telecoms and their respective government, there's little guarantee that the government at the other end of the line isn't listening.
With all these potential entities on the line, is it really an invasion of privacy for the U.S. government to selectively join the party?
IMHO, this isn't an invasion of privacy by our government, so much as it is an unwarranted expectation of privacy by the users.
Oops
"when making a call to a foreign national" should have been "when making a call to a foreign nation"
That's something that could be given surprisingly great weight by the court.
I would say a person doesn't, I'm sure our Founders didn't expect international communications to be protected.
But the "expectation of privacy" standard is a judicial invention of 1967 and has to be looked at from a legal instead of a constitutional perspective.