Derivative-Consent Doctrine and Open Windows: A New Method to Consider the Fourth Amendment Implications of Mass Surveillance Technology

Authors

Alex Brown

Abstract

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.

Recommended Citation

Alex Brown, Derivative-Consent Doctrine and Open Windows: A New Method to Consider the Fourth Amendment Implications of Mass Surveillance Technology, 66 Case W. Rsrv. L. Rev. 261 (2015)
Available at: https://scholarlycommons.law.case.edu/caselrev/vol66/iss1/9