non-content

The content/non-content distinction seems to have two strengths.

The Volokh Conspiracy » Final Version of “Applying the Fourth Amendment to the Internet: A General Approach” 2010

Does your content v. non-content distinction put you outside the tent at digitaldueprocess. org?

The Volokh Conspiracy » Final Version of “Applying the Fourth Amendment to the Internet: A General Approach” 2010

This argument fails at the outset, though, not only by not obsessing over the potential for corruption that accompanies allowing law enforcement warrantless access to “non-content” digital information.

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010

Second, you acquiesce in classifying dialed numbers and to/from e-mail addresses as “non-content”.

The Volokh Conspiracy » Draft Testimony on Reforming the Electronic Communications Privacy Act 2010

The traditional line in the postal and telephone setting is content versus non-content information.

The Volokh Conspiracy » Thoughts on the Oral Argument in City of Ontario v. Quon 2010

Unlike Kerr, I would argue that pen register programs are not proscribed by the 4th Amendment not because they access “non-content” but rather because we expect these records to be kept, used, and reported to us for billing verification purposes.

The Volokh Conspiracy » The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz 2010

A much lower bar is set for interception of the individualized non-content records a service provider might hold about a customer; these can be obtained by administrative subpoena, or by a court order with a much lower evidentiary showing.

Targeted Ads and Indirect Wiretaps 2009

The government could also get and in fact succeeded in getting private internet service providers to hand over all "non-content" information, again all without a court order.

Vito de la Cruz: Civil Liberties Were Casualties of 9/11 Vito de la Cruz 2011

Sony believes such "non-content" equipment and products will be a $1 trillion business by 2013.

‘Michael Jackson’s This Is It,’ ‘2012,’ Possibly Others To Get 3-D Blu-ray Releases? » MTV Movies Blog 2010

Note that Katz was not a case about whether wiretaps in general were prohibited (i.e. content vs non-content), but whether they were prohibited in public (i.e. whether a phone booth was protected).

The Volokh Conspiracy » Thoughts on the Oral Argument in City of Ontario v. Quon 2010