He said that the fourth amendment does not apply to the collection of metadata of phone calls, etc, because we already freely expose that information to phone providers, etc.
there was a supreme court ruling to that effect 35 years ago (can't recall the name right now). Basically they think there's no expectation to privacy because the phone company knows who you call.
It's the same argument they use to say email has no constitutional protections. Because you send it across servers outside of your control, clearly you have no desire to keep it private.