May 2014

That’s the possibility raised by Edward Jay Epstein in a (paywalled) Wall Street Journal op-ed.  Epstein offers some new evidence for his theory.  In particular he says that NSA investigators now know that Snowden’s tactics included breaking into two dozen compartments using forged or stolen passwords.  Once there, Snowden loosed an automated “spider” with

The third-party doctrine of Smith v. Maryland, 442 U.S. 735 (1979), is getting a bad rap from libertarians of the left and the right.  Smith holds that the police don’t need a search warrant to get information about me from a third party.  If I keep a diary in my desk drawer, the police