Nearly three years after former NSA contractor Edward Snowden first leaked details about massive domestic spying, his revelations have prompted a broader discourse, especially among legal scholars, over the potentially invasive nature of big data cybersurveillance tools.

Even as intelligence officials, the FBI and Congress worry about the rise of terrorists using encryption to communicate, legal experts are concerned that the enormous volume of data still being collected and stored by the National Security Agency and other intelligence agencies will pose legal concerns based on the Fourth Amendment of the U.S. Constitution. The Fourth Amendment prohibits unreasonable searches and seizures without a judge’s warrant supported by probable cause.

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