concept Updated 2026-07-12 Tags: Law, Privacy, Fourth-Amendment, Precedent

Smith v. Maryland

Smith v. Maryland is the legal precedent Jeremy Scott names in How government uses "surveillance as a service" to collect data when explaining Third-Party Doctrine. In the episode’s framing, the case matters because it supports the idea that people can lose privacy interests in information they share with a third party.

The source uses the case as a bridge from older telephone-era doctrine to modern digital data. The practical problem is that people now share revealing information with many companies as a condition of ordinary life, making third-party possession a much broader issue than a single old record type.

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