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I’ll have a piece out soondiscussing the controversy over revelations that the Obama Administration has been collecting data on Verizon phone calls thanks to authorization via a FISA Court. My position is that the data collecting isn’t unconstitutional because the Fourth Amendment only protects the content of phone calls and not information on the dialed numbers, length of the calls, etc.
The full piece is forthcoming, but you can get a deeper analysis of the issue through this 2007 article I published in the George Mason Law Review. I apologize for all of the footnotes, but there are a lot less than in a typical academic article. I promise.