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An NSA setback: Fourth Amendment wins first round
The argument for the constitutionality of this massive phone record data collection rests upon Smith v. Maryland, a 1979 case in which the Supreme Court ruled that people had no expectation of privacy in the records kept by phone companies. But Leon reasoned that a) phones are used differently today and produce enough data to compile a profile of each user, something not possible in 1979, and b) the government's collection and keeping of all the data is itself unreasonable.
Exactly. The state has not, and never should have, that power. All Americans should hope the appellate courts agree.
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