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Eye On Boise

Thu., June 13, 2013, 8:27 a.m.

Idaho lawsuit challenges government’s tracking of cell phone calls

First-term state Rep. Luke Malek of Coeur d’Alene filed a federal lawsuit against President Obama and top national security officials late yesterday on behalf of Coeur d’Alene resident Anna Smith, contending that collection of information about her Verizon cell phone use violates the law and the Constitution. “Plaintiff Anna Smith is a mom and a neonatal intensive care nurse,” the lawsuit states, whose “primary means of communication is with her cell phone.”

The suit says Smith “communicates with her family, friends, employer, her children’s teachers, her doctor, her legal counsel, and nearly everyone else by way of her cell phone. None of these communications relate in any way to international terrorism or clandestine intelligence activities. Rather, these communications are being monitored simply because they are occurring.” You can read my full story here at spokesman.com.

The lawsuit filed in U.S. District Court asks the court to declare the government’s collection of the data in violation of federal law and the 1st and 4th amendments to the U.S. Constitution; permanently bar it; and order the government to purge all its call records relating to Smith’s communications. Malek’s co-counsel in the case is Peter J. Smith IV of Lukins and Annis, who is married to the plaintiff; you can read the complaint here. Malek is a Republican representative and a former deputy Kootenai County prosecutor.

Peter Smith said of his wife, "It’s kind of an interesting situation; she has access to resources that a normal person may not, that is legal counsel and knowing that this case probably won’t be dealt with quickly or easily and probably will wind its way through." Smith said he approached Malek to serve as co-counsel on the case.




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Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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