FBI broke law for years in phone record searches
washingtonpost.com
washingtonpost.com
It just strikes me like the author is trying to minimize the impact by appealing to the use of technicality as "only appealing to a specialist" or in this case some "legalist". It's a disservice to the protection of civil liberties by minimizing the importance of crimes committed against said liberties.
It would probably help to have decently encrypted telephone protocols, instead of merely outlawing listening devices.
Surely redefining 'rare' is not the answer.