I think you've made the point for me that I am concerned about, which is that they're not the same. That's why they should have different standards, in my view. I think transmission data, based on my review, refers to the technical details of a communication being sent. It's not an identifying piece of information. The argument there, then, is that you can use suspicion.
I take the point that we're at the first part. We're not at the production order part, but we will get to the production order part, which I also think should be raised to “reason to believe” rather than suspicion. Even at the beginning, it's still something different than just the technical data of a point of communication going from A to B. It is saying, “Kim Gibner is connected to this IP address.”
Based on my read of those two cases, the suggestion is that even that can attract a higher expectation of privacy.