[mullymt]

If it is Constitutional, it is legal. Constitutional only means that the government CAN do something. It doesn't mean that it should. In this case, a smart legislature was afraid of the big government/big brother effect, and only gave the executive permission to conduct a certain set of activities. Government is created in the positive, not the negative; It is not assumed that government has power that laws restrict, it is assumed that government has no power unless expressly granted (think strict constitutionalism, but against all three branches).

[P-40]

Constitutional only means that the government CAN do something.

Okay, I see where you are coming from now. From what I have read so far, it appears they are operating under the authority granted by CALEA...which is one confusing piece of legislation that I don't think much of.