The constitution does not explicitly enumerate a right to privacy. Griswold v. Connecticut (1965) explicitly established the right to privacy. Justice Douglas’

The constitution does not explicitly enumerate a right to privacy. Griswold v. Connecticut (1965) explicitly established the right to privacy. Justice Douglas’ opinion states that such a right exists within the “penumbras” and “emanations” of the constitution. As there is no explicitly enumerated right, strict constructionists may oppose this interpretation. Katz v. United States (1967) established a two part test to determine whether an individual has a reasonable expectation of privacy in a given circumstance: "first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as 'reasonable.'" Smith v. Maryland (1979) established the basis for the government’s claim that the data collection program is permitted. The case focuses on whether an individual has an expectation of privacy for metadata they willingly give up to a third party. The court found that a warrant is not required to collect such information.