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You're aware that the Third Party Doctrine goes back to at least 1979, right?

http://en.wikipedia.org/wiki/Smith_v._Maryland

I'm not saying the doctrine isn't in need of an update, but let's not act like this is some weird new thing the courts just invented.



The attorney general of Maryland who argued that case in 1979 has strongly protested against its application to mass surveillance.

http://www.npr.org/2013/12/21/256114227/1979-supreme-court-r...


Well, yeah. But what are we going to do about it since it's clear past due to update such laws. Now we're in the thick of an infrastructure that has just busted any practical sense of minimal right to self-governance.




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