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U.S. Congress Outlaws Pretexting (Sort Of)

In my previous post on the MPAA's success in blocking a California anti-pretexting bill, I neglected to mention that California did go on to pass a much narrower bill, which illegalizes the use of pretexting to obtain telephone records. Today, the New York Times is reporting that the Senate has just passed a similar bill (apparently the House passed the bill quite some time ago). Of course, these bills really do not go far enough, but it is something.

I don't understand how it can be so difficult to get a stronger bill passed. How is pretexting not a straightforward case of fraud? Why on earth should there be any type of pretexting that is legally permitted? If your records are needed for a criminal investigation, the government can get a warrant; otherwise there is simply no need for anyone but you to have access to your confidential records.