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FBI Wants To Access Terror Suspect's Skype Records (bostonglobe.com)
Milton J. Valencia, reporting for BostonGlobe: The FBI is investigating whether a third, unknown person discussed an alleged terrorism plot with Alexander Ciccolo, the Western Massachusetts man accused of planning to attack a state university with guns and explosives on behalf of the Islamic State terror group. FBI Special Agent Jeffrey J. Lawrence said in an affidavit filed in US District Court in Springfield last week that Ciccolo told a witness who was cooperating with the FBI that he had discussed his terrorism plans with one other person. The affidavit was part of an application for a search warrant authorities filed with the court. Officials are seeking access to Ciccolo's online Skype account as part of their investigation into the alleged terror plot. The search warrant seeks to have Microsoft -- which owns Skype -- provide the government with logs and the content of conversations and written messages made on Ciccolo's account, as well as passwords. Given Microsoft's stance on these matters, the company is likely to hand over the data FBI is looking for.
In principle, I agree. Get a warrant. Got warrant? No problem.
Things get muddy when I throw in two items:
1) Define terrorist. That gets pretty broad, especially when you ask the government, because they consider everyone a potential terrorist.
2) It's very easy to get warrants and have them abused. The threshold is quite low. I know because my word alone routinely gets houses raided. Let's just say I do/have done some informant work and we will leave it at that. With one phone call I could have a swat team charging through your front door. I've done it many times. Is that reasonable? I am technically complying with the spirit of the constitution. What if you're a terrorist?