If I'm understanding you.... Maybe what would be helpful is to use a case or an example to illustrate where, potentially, this bar.... Essentially, we're saying that an organization would have to determine exigent circumstances, which may be slightly difficult, and would have to assess that without necessarily having government institutions disclose all of the facts and information. We're also saying that the reasonable expectation of privacy may be slightly difficult. Then, if you're adding those two together, as well as a test that excludes common-law authorities....
What I'm trying to understand is how.... Maybe a solution is to have the definition of a lawful authority and have it mirror more the Spencer ruling that has been referenced multiple times. What would that potentially look like?