NSA Phone Plan May Reach Supreme Court on 1979 Precedent
By Andrew Zajac and Greg Stohr - Dec 18, 2013
A federal judge may have laid the foundation for U.S. Supreme Court review of the National Security Agencys telephone data surveillance program when he said it probably violates constitutional privacy rights.
In a first-of-its-kind ruling, U.S. District Judge Richard Leon in Washington said Dec. 16 that technology has outpaced the landmark 34-year-old Supreme Court decision underpinning the legal justification for the spy agencys collection of telephone call data.
Leon said the decades-old decision, which let police track phone calls in the pre-wireless era, cant be used as a precedent to determine the constitutional reach of surveillance in the digital age.
Its likely that this case will end up in the Supreme Court, said Marc Rotenberg, president of the Electronic Privacy Information Center in Washington and a critic of the NSA program. The government wouldnt let stand an opinion that would prevent it from engaging in the collection of telephone records as its been doing.
In the high courts 1979 Smith v. Maryland ruling, the justices said Americans dont have a Fourth Amendment privacy right to the phone numbers they call.
more...
http://www.bloomberg.com/news/2013-12-18/nsa-phone-plan-could-land-in-supreme-court-over-1979-precedent.html