By Mark Esposito, Guest Blogger
When the faceless analyzers locked deep inside the NSA finally get around to divining just how privacy died in this country they won’t start with Friday’s decision by Judge William Pauley, III in ACLU v. Clapper finding the NSA data mining of American’s communications perfectly constitutional or even go back to the horrible events of September 11, 2001 when fear ran freedom from the playing field. No, the truth is that privacy began to die farther back in an obscure case during the nation’s bicentennial year. As most of us were gathering up our red, white, and blue bunting, buying fireworks, and marveling at the first technological salvo of the commercial computer age known as The Cray-1 , a robbery case in Maryland would form the first cancerous cell in the assault on the body politic’s right to be left free from government snooping.
Continue reading “Privacy’s Postmortem: Smith v. Maryland And How A Pen Register Became A Threat To Freedom”