Breach of 4th and 5th amendments
Apparently this is all in attempts to circumvent the incredibly difficult process of obtaining a wiretap order. Wiretaps laws have been put into place to prevent breaches of the 4th amendment in which "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Be it voice or data, telco or broadband, the gathering of this type of information is nothing more than a wiretap that is either being compelled from the defendent or legal secured from the ISP.
"The Court in Berger v. New York identified the following requirements for an interception order to be constitutional under the Fourth Amendment: (1) there must be probable cause to believe that a particular offense has been or is being committed; (2) the conversations to be intercepted must be particularly described; (3) the surveillance must be for a specific, limited period of time;(4) if the warrant is to be renewed, continuing probable cause must be shown; (5) surveillance must terminate once the conversation sought has been seized; (6) notice must be provided unless a factual showing of exigency is made; and (7) a return must be made on the warrant so the court may supervise and restrict the use of the seized conversations." also "Unlike traditional search warrants, a federal magistrate judge is not authorized to issue a wiretap. Only a federal district or circuit court judge may issue a wiretap." (http://www.monnat.com/Publications/Wiretap.pdf)
The attorneys, and the judge need to be disbarred for even pursuing such action. Just for spite I would tack on a packet sniffer onto the server's net port and do a direct dump to a printer--in BINARY. Then walk into the courtroom with 3 pallets of copy paper boxes filled with sheets of 1's and 0's and tell them, "Here is more than you required, have fun. See you in about 2 years after you figure out what's in there. Oh, and here's the bill for the toner and paper supplies for this DAY's worth of data."