>When through the normal course of using a technology you reveal information to the government (in this case the military) they can use that information against you.
That’s not the legal standard for searches and seizures under the 4th amendment.
It’s about the reasonable expectation of privacy, and when a defense attorney emails their client the client has a reasonable expectation of privacy. A reasonable person doesn’t think the prosecutor has embedded tracking into emails sent to their attorney which will relay information back to the prosecutor when shared forwarded to the client by the defense attorney.