Chapter 19 - Congressional Authority for
National Security Surveillance
Part I
Smith v. Maryland United States Supreme
Court, 442 U.S. 735 (1979)
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What is a pen-register and why did the police use them?
Are the customers of the phone company aware that this
information was being collected by the phone company?
How is a pen register different from a Katz wiretap?
Why isn't the installation of the pen-register a search?
What is the search?
United States v. Miller, 425 U.S. 435 (1976)
Access to Bank Records
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‘‘The depositor takes the risk, in revealing his affairs to
another, that the information will be conveyed by that
person to the Government. . . . This Court has held
repeatedly that the Fourth Amendment does not prohibit
the obtaining of information revealed to a third party and
conveyed by him to Government authorities, even if the
information is revealed on the assumption that it will be
used only for a limited purpose and the confidence
placed in the third party will not be betrayed.’’
Expectation of Privacy
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Why did the defendant not have an expectation of
privacy?
Why is the dissent concerned about basing the
4th amendment on reasonable expectations of
privacy?
Has the court adopted the dissent's view over
time?
Subsequent Legislation
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What sort of warrant requirement did Congress
enact?
 Is this like an administrative search?
What does this standard about information
provided to third parties tell us about social
networking?
 Information other than conversations that come
from Internet and cell phone use?