updated Tue. September 3, 2024
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Vail Daily News
March 26, 2018
Voter enticement seems mild by comparison. Even email is risky. According to Gmail, users should have no expectation of privacy in email that they send. "A person has no legitimate expectation of privacy in information he voluntarily turns over to third parties" (Smith v. Maryland, 442 U.S. 735, 743-44Ãâà...
ABA Journal
March 8, 2018
For example, in Smith v. Maryland in 1978, the court held that police do not need a warrant to obtain from the phone company a record of the numbers that we dial or receive calls from because we should not be able to expect that the third party, the phone company, will keep the information secret.
Lawfare (blog)
February 23, 2018
That was a huge deal in 1986 because Congress understandably assumed after Smith v. Maryland, 442 U.S. 735 (1979), that the Fourth Amendment probably didn't impose the same requirement. Here the government has a warrant, which is all that the SCA requires if it applies. As a result, the parties areÃâà...
The New Yorker
November 30, 2017
He said that smartphone records held by any third party (in this case, a cell-phone company, but it could also be an app maker) were no different than records of the numbers that a landline had called. In a 1979 decision, Smith v. Maryland, the Court found it permissible for a police officer to find out from theÃâà...
Courthouse News Service
November 29, 2017
Justice Stephen Breyer for one pushed for a bright line on how to distinguish Carpenter's case from other digital-privacy battles like Smith v. Maryland or United States v. Miller. In Smith, the court ruled the government could use a pen register, a device that records phone numbers but not call content, duringÃâà...
TechCrunch
August 15, 2017
The Sixth Circuit below relied on this Court's opinion in Smith v. Maryland to hold Americans lack a reasonable expectation of privacy in CSLI because it is a business record held by third-party service providers. But Smith cannot govern here. The now-routine use of CSLI to reconstruct individuals'Ãâà...
U.S. News & World Report
June 5, 2017
Authorities say a warrant is not necessary in Carpenter's case, as the Supreme Court's 1979 ruling in Smith v. Maryland holds that people have no expectation ... The so-called third party doctrine of Smith v. Maryland, which dealt with a short span of landline records, and related cases also applies to someÃâà...
EFF
June 24, 2014
The U.S. Supreme Court's 1979 decision of Smith v. Maryland turned 35 years old last week. Since it was decided, Smith has stood for the idea that people have no expectation of privacy in information they expose to others. Labeled the third party “doctrine” (even by EFF itself), Smith has come up over andÃâà...
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