I certainly agree with your basic premise that the legislative branch is perhaps today facing its greatest risk of unbridled surveillance since the invention of the cell phone. Some protections seem in order to restrain temptations to use the information gathered to manipulate legislation or individual members. Introducing requirements for carriers to at a minimum notify sitting members of governmental requests for information about their communications seem appropriate.
I would assume that if protected communications became the subject of a criminal case involving a member a federal judge of requisite authority could hold an in camera session with attorneys to evaluate the relevance of the communication to the government's case. After review the judge could either allow or disallow use of the communication in connection with the criminal investigation. Presumably, in non-criminal cases a similarly situated judge could also render decisions on any motions by defense counsel to quash release or use of communications released by carriers.
I certainly agree with your basic premise that the legislative branch is perhaps today facing its greatest risk of unbridled surveillance since the invention of the cell phone. Some protections seem in order to restrain temptations to use the information gathered to manipulate legislation or individual members. Introducing requirements for carriers to at a minimum notify sitting members of governmental requests for information about their communications seem appropriate.
I would assume that if protected communications became the subject of a criminal case involving a member a federal judge of requisite authority could hold an in camera session with attorneys to evaluate the relevance of the communication to the government's case. After review the judge could either allow or disallow use of the communication in connection with the criminal investigation. Presumably, in non-criminal cases a similarly situated judge could also render decisions on any motions by defense counsel to quash release or use of communications released by carriers.