[Cboldt]

It's generally not the NSA that decides what to open. That decision is made by investigating agencies. The NSA "has it all." There is a file on me, there is a file on you. Our files at the NSA contain contents of our communications.

Sort of like a sealed file in court. The file is there, it was "opened" or "created." But accessing the contents is supposed to be reserved based on need.

[Adder]

But the fact that there is a file in the first place seems to violate the 4th, whether its opened or not.