Few things are more personal and potentially more revealing than our phone records. The records of whom we choose to call and how long we speak with them can reveal much about our business and personal lives …” — Rep. Lamar Smith, introducing the Law Enforcement and Phone Privacy Protection Act of 2006, 152 Cong. Rec. E90-01 (daily ed. Feb. 8, 2006).

Individuals understand that with the decision to litigate a dispute comes the potential to have aspects of their lives made public that they would rather have kept private. Moreover, it is a reality that just by virtue of being named as a party to an action the same risk exists.

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