Idaho NSA Case Runs Into Skepticism

A three-judge panel of the 9 ^th Circuit Court of Appeals was highly skeptical this morning of arguments on behalf of a Coeur d’Alene woman that NSA cell phone surveillance violates her constitutional right to privacy. When Coeur d’Alene attorney Peter J. Smith began his arguments, noting that the plaintiff in the case is Anna J. Smith, 9 ^th Circuit Judge Richard Tallman interrupted him, saying, “Who’s your wife.” “That is correct, your honor,” Smith replied. Later, when Smith was arguing that a 1979 U.S. Supreme Court case regarding specific phone surveillance of a criminal suspect for a three-day period, Smith v. Maryland, shouldn’t bar a privacy claim in this case of sweeping, bulk data collection, Smith said he wasn’t asking the judges to overturn Smith v. Maryland. The judges burst out laughing. They said that’s not their place/ Betsy Russell , Eye on Boise. More here.