Earlier quoted context omitted.
You can agree with the precepts of the Constitution and justify certain kinds of surveillance. Even if you think the NSA surveillance is unconstitutional, you have to concede that "privacy" is not a well-defined constitutional value. The framers spent many pages in the Federalist talking about the ins and outs of various voting systems, but never articulated a broader concept of privacy. The 4th amendment is based fu…
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Privacy advocates talk about "metadata is data" as if the government's lawyers don't understand that bits are just bits. What privacy advocates don't understand is that the "metadata" distinction is about generation, ownership, and control, which are implicated in the 4th amendment by the word "their."