If the content is less than 180 days old, what legal process is required?

When dealing with content that is less than 180 days old, the legal standard requires obtaining a probable cause search warrant. This reflects the understanding that more recent data is generally more private and sensitive, necessitating a higher threshold for access. A probable cause search warrant requires law enforcement to demonstrate to a judge that there is a reasonable belief that the information sought will provide evidence of a crime. This ensures that individuals' privacy rights are adequately protected, aligning with Fourth Amendment protections against unreasonable searches.

The other processes mentioned would not meet the stringent requirements necessary for accessing such recent data. Reasonable suspicion, for instance, is a lower standard used primarily for stops and detentions, and would not suffice for accessing potentially sensitive information protected by law. Similarly, an affidavit of probable cause is a document prepared to obtain a search warrant, but it in itself cannot substitute for the warrant's necessity. Consent from a third party may also not be applicable if the individual whose data is being accessed has not provided consent, reinforcing the protection around more recent communications.