Based on this ruling, you really have no right to privacy in a transaction between you and any private company. Let’s say you have created an email account with Google or Yahoo, and you have freely transmitted your information through those companies to a friend.Under Smith you have expectations that your government can look at those emails. Or you make purchases with your Visa or MasterCard and the government can sweep up that information – you have no expectation of privacy. Do you have privacy rights between you and your hardware store if you go there and buy some nails and hammer? Where does it stop?
The fascinating thing here is that all these companies have been required by federal law to establish privacy rights criteria.They do that when you sign up with them and then they send you a notice of their privacy rules each year.The federal government now says that Microsoft or American Express cannot share your information with third parties without your permission, but we “the government” can get to it because some judges misread the Constitution in 1979. Shame on the Wall Street Journal for accepting this improper invasion of private contracts by an invasive federal government.If anyone should defend the rights of private contracts, it should be the WSJ. Shame on them for endorsing this expansion of the rights of the government over the people.
If anyone believes I am getting soft on terrorists, disabuse yourself of that thought.This issue is not about terrorism; it just happens to be centered on activity by an organization that tells us they are protecting us from terrorists. God bless you NSA; get them all and I hope you kill them. And by the way they don’t have any rights. They are not American citizens. And if someone gets killed hanging around with them so be it. That is the risk you assume hangin’ with madmen.
That has nothing to do with our government collecting your telephone calls and keeping that information in a sweep of data. Or your emails or your credit card charges or anything about your personal life. That is why our brilliant founders insisted on the Fourth Amendment and specific warrants.They knew that if you give the government a toe, they will take your foot and then your leg and then all of you.
As the New Year approaches you should thank Judge Richard Leon for putting a big stop sign in front of the federal government.Because of Judge Leon, some of your God-given rights have been restored and as 2014 begins you are a freer American. Now hopefully our current Supreme Court will throw out their predecessors’ severely misguided ruling in Smith vs. Maryland.