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The court allowed for case specific exceptions in law enforcement emergencies, and left open the possibility that collecting fewer than seven days of records might not need a warrant, but did not specify where these lines should be drawn. This leaves room for Congress to step in and clarify standards for these record requests, as many state legislatures have done and as Congress should have done. Unlike the court, which can rule only on cases that come before it, Congress has the opportunity to weigh privacy rights against law enforcement and craft generally applicable rules that respect both, and the Constitution.

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