Smith v. Maryland

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6 Articles
Just Security

Content Is Content, No Matter How Small

Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
Just Security

Quantum Mechanics, Big Data and the Right of Privacy

If it has done nothing else, the exposure of the NSA metadata collection program has caused both legal commentators and courts to rethink the doctrines that have long governed…
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Prediction: Fourth Amendment Evolves in 2014

When should courts follow legal precedent and when should the law change?  This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
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The FISC’s Problematic Pen/Trap Opinion on Bulk Internet Metadata Collection

The latest round of Foreign Intelligence Surveillance Court opinions released under the Freedom of Information Act includes what, for many surveillance wonks, has been the white…
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New FISC Pen Register Opinion: It’s Just a Matter of Time Before Somebody Gets Hurt

Once again, the NSA has conducted illegal spying. New documents reveal the National Security Agency’s (NSA) systemic violation of Foreign Intelligence Surveillance Court (FISC)…
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Are Internet Backbone Pen Registers Constitutional?

Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…
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