Michael Washington (The Cordell Institute for Policy in Medicine & Law at Washington University in St. Louis) has posted The Constitutionality of Notice in Search, Seizure and Surveillance on SSRN. Here is the abstract:
Today, individuals commonly store large and extremely sensitive data about themselves with third-party providers of digital services. It is equally common for law enforcement officers to request or compel access to those data from service providers as standard procedure, often accompanied by “gag orders” that prohibit providers from acknowledging whether a request, search, or seizure ever occurred. If the government searches or seizes a person’s data stored in the cloud, does the owner have a constitutional right to notice? If so, who must provide the notice and when? This partial draft addresses the constitutionality of notice in search, seizure and surveillance.