framers didn t contemplate wiretapping but the fourth amendment applies. that s not an open process. you don t give notice to the person you re wiretapping we will try to get a warrant to tap your phone. there is an element of secrecy, if you will. it s involved historically in these kinds of decisions. again, it s all about checks and balances and i think it s all about minimizing the potential for abuse in the executive and that is why, for example, in this phone record thing, let s not it gives me the creeps that the nsa will have all of those records. let s have them somewhere else and if we need to then find out who tsarnaev called we will go and get essentially a warrant to do that. as is said this is implicated stuff and the technology is changing so fast. the executive will always justify any intrusion on behalf of security and then, of course, it falls over and gets could