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Derivative-Consent Doctrine And Open Windows: A New Method To Consider The Fourth Amendment Implications Of Mass Surveillance Technology, Alex Brown

Case Western Reserve Law Review

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.