Congress should recognize the collateral consequences to criminal law enforcement and the national security of the United States if ECPA were to provide only one means — a probable cause warrant — for compelling disclosure of all stored content. For example, in order to obtain a search warrant for a particular e-mail account, law enforcement has to establish probable cause to believe that evidence will be found in that particular account. In some cases, this link can be hard to establish.

It doesn't matter who wins the election in 2012. Either way, we loose. Our constitutional rights will continue to be eroded by people who do not understand or respect the underlying reasons that they exist and see them only as obstacles to be negotiated with and rationalized away.