… and you’re not following developments in Fourth Amendment law.
Jeffrey Toobin is the latest to claim that Smith v. Maryland settles the Fourth Amendment issues around the National Security Agency’s acquisition of data about every call made in the United States. He even links to the text of the decision in a recent blog post.
The majority opinion in Smith did say that people don’t have a reasonable expectation of privacy in phone records, but that rationale is weak, and the facts of Smith are inapposite to the present controversy. I think that’s easily gathered from reading the case with awareness of legal currents.
Read more at http://www.cato.org/blog/you-think-smith-v-maryland-permits-mass-surveillance-you-havent-read-smith-v-maryland
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