This Comment will show that the bulk collection of metadata from telephone calls and other electronic communications are permissible under the Fourth Amendment of the United States Constitution without a warrant. However, disclosing the contents of communications to government agencies and operating devices without the consent of their owner constitutes searches requiring a warrant.
Derivative-Consent Doctrine and Open Windows: A New Method to Consider the Fourth Amendment Implications of Mass Surveillance Technology, 66 Case W. Res. L. Rev. 261 (2015)
Available at: http://scholarlycommons.law.case.edu/caselrev/vol66/iss1/9