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Amicus Brief Filed: In re: Electronic Privacy Information Center

August 15, 2013 in Economics

The National Security Agency’s collection of every American’s telephone dialing information is hotly contested in the court of public opinion and in Congress. It is now seeing its first test in the courts since its existence was revealed. This new brief filed by the Cato Institute urges the Court to reconsider Smith v. Maryland and the “third-party doctrine,” which purports to deny Fourth Amendment protection for information people have shared with others. Extraordinary appeals like this are rarely granted, and future cases will probably decide the fate of the NSA’s secret mass surveillance programs, but this brief informs the Court and the legal community about the issues. The Solicitor General, who ordinarily might ignore such an appeal, felt obligated to file a response to it.

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