An appeals court heard oral arguments in Smith v. Obama on Monday to determine whether to uphold the dismissal of the case in a lower court.

A district court had dismissed Anna Smith's case citing the legal precedent of Smith v. Maryland, a 1979 Supreme Court case that is, according to an Electronic Frontier Foundation (EFF) blog, "one of the cornerstones of the so-called 'third-party doctrine,' the idea that people have no expectation of privacy in information they entrust to others." In that case, phone numbers dialed by a criminal suspect were collected over a three-day period.

The EFF blog contended the doctrine "it's outdated to say the least."

Monday, December 8, 2014
SC Magazine

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