Jan 142016
 January 14, 2016  Surveillance

Jeffrey Vagle writes:

Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe to the mosaic theory of intelligence if some large amount of metadata can become content, can some small amount of content become metadata by the same logic? That is, if non-content in sufficient quantities can become content under the Fourth Amendment, shouldn’t the inverse of this function mean that sufficiently small amounts of content can become non-content? (Remember that content receives great constitutional protection than non-content.) There is a fair amount of unpacking to do in this short question, so let’s start by exploring the mosaic theory as it applies to Fourth Amendment law.

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