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NSA's Data Gathering A Violation of the Fourth Amendment or Just Bad Policy?

The NSA is widely known to be gathering the following information on average American citizens in the area of email, internet, phones, financial, and airline information. Endnote 1. The information includes the following:
a) email- sender, recipient, subject heading, and time;
b) internet sites visited;

c) incoming and outgoing land line calls and cell calls;
d) financial information about bank accounts, wire transfers, and credit card use; and
e) airline information.

Endnote 1.

This unprecedented gathering of data represents a threat to our open and free society because it could dampen the average citizens willingness to share ideas and participate in politics. People who know thier every movement is being monitored by the NSA are less likely to share their thoughts and ideas. Without the openness an active participatory democracy cannot thrive.

In addition to being a threat to our demoncracy, many have contended that this unprecedented gathering of information also raises important fourth amendment constitutional questions. As discussed below, the fourth amendment as it is currently interpreted probably does not prevent the NSA from gathering this private data, making legislative action to halt the NSA program or to carefully monitor it all the more important.

Is the NSA's Data Gathering (not wiretapping) Done In Violation of the Fourth Amendment?

The answer is probably not. The fourth amendment protects our houses, persons, papers, and effects against unreasonable searches and seizures. Consistent with the Fourth Amendment, the government must demonstrate probable cause and obtain a warrant from a neutral judge. Endnote 2.

The Supreme Court has interpreted this fourth amendment to extend its protection to places where you have a reasonable expectation of privacy. Because it based on this notion of privacy, the fourth amendment does not protect information that you make freely available to the outside world. In the context the home, a person doesn't have fourth amendment protection for anything visible through an open window. A person also does not have fourth amendment protection for the trash he or she throws out, or for smells or sounds that leave the confines of the person's home.

In the area of telephones and email, Courts have found that telephone conversations and email messages are generally protected. Endnote 3. However, the external routing information (the telephone number called

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