Earlier quoted context omitted.
If I may restate this slightly: > Subpoenas are the only mechanism by which prosecutors are able to test the waters to confirm/deny whether they can demand production of this data I think many people fail to appreciate the importance of setting a precedent in the courts. Maybe this is because our legislators have been shirking responsibility for decades and pushing what should be their work off onto the executive and…
This is the problem with the common law system. It's a haphazard set of poking and prodding where written law is less than half the story. We really need to switch to a civil law system in this country.
"pure" versions of either don't work - it's more like a spectrum. Unfortunately moving to more legislative emphasis than case law only works if you have an efficient legislative process to update. If that's too adversarial, you get the worst of both worlds.