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Smith v. Obama, 24 F. Supp. 3d 1005 (D. Idaho 2014), vacated and remanded, 816 F.3d 1239 (9th Cir. 2016)
Citizen brought an action seeking an injunction to prohibit the NSA from collecting her telephone metadata, and the NSA moved to dismiss. 24 F. Supp. 3d at 1006. The Court held that Smith v. Maryland still applied (no expectation of privacy in telephone numbers dialed), but acknowledged what is being collected is more invasive. Id. at 1007-09. The Court held further held that it was bound by Circuit decisions regarding this issue, and granted the motion to dismiss. Id. at 1010.
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