Government has argued the constitutionality of the Section 215 allowing the bulk metadata collection. I support the legality of the program based upon the third party doctrine, dating to the Supreme Court 1976 holding in United States v. Miller. The Court in the Miller clearly case states that the fourth amendment does not prohibit attaining information revealed to a third party, which can be then conveyed to the government officials. The court further applies its third party doctrine to the 1979 decision in Smith v. Maryland. Smith v. Maryland has been used as a landmark case in defining the legality of the NSAs actions. In Smith v. Maryland, Smith...
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...tes. The question confronted in Smith was if the installation of a pen register constituted a legal “search” under the fourth amendment. At the time when Smith was ruled, digital intelligence was still limited and a newborn idea. Today, the question presented in front of the Supreme Court would focus on a larger issue as the present day technology, usage of technology and circumstances have changed. The collection of metadata leads to a question of checks and balances, and the evolution in the government surveillance capabilities. The precedent like Smith might not completely apply in this case as it mainly focus’ on a very limited data collection, while the bulk collection program collects all the information. Supreme Court was created in order to uphold the constitution, and therefore, would find that NSAs bulk metadata collection program process unconstitutional.
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