Add Anna Smith to the growing list of plaintiffs involved in lawsuits against the NSA’s surveillance program. Smith is as innocuous as they come – “a mother of two who lives in rural Idaho, works the night shift as a nurse and goes to the gym often,” according to The Washington Post. Last year, she (with help from her lawyer/husband) sued the government for violating her Fourth Amendment rights by collecting her telephone data without a warrant.

Although Smith hasn’t been particularly injured, her case is notable in that the U.S. District Court for the District of Idaho took evidence of NSA wiretapping provided by Edward Snowden as grounds for believing that she, like millions of other Americans with no connection to terrorism, is being spied on. Still, the District Court dismissed Smith’s Fourth Amendment claims.

Snowden Revelations Helping Lawsuits Along

The District Court didn’t kick Smith’s case to the curb just because she couldn’t prove she, specifically, was spied on. Back in 2006 and 2007, when it was revealed that Verizon and other phone companies were voluntarily giving the government access to customers’ phone records, some customers sued. Several of these cases were dismissed after the Justice Department invoked the state secrets privilege when the customers tried to find evidence that they were being surveilled.

No Reasonable Expectation of Privacy?

The District Court dismissed Smith’s lawsuit last year, finding no Fourth Amendment violation because Smith had no reasonable expectation of privacy in the phone numbers she dialed.

The District Court dismissed Smith v. Obama because Smith v. Maryland counsels against finding an expectation of privacy in phone numbers dialed. But in a separate case, the D.C. District Court was convinced that the scope of the NSA surveillance places this well outside the one-off “pen register” devices employed in Smith v. Maryland.

Related Resources:

  • U.S. Spied on 5 American Muslims, a Report Says (The New York Times)
  • Timeline of NSA Domestic Spying (Electronic Frontier Foundation)
  • Three Things to Know About the NSA Verizon Surveillance Scandal (FindLaw’s Technologist)
  • NSA Verizon Metadata Program Slammed by Court (FindLaw’s D.C. Circuit Court Blog)

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