Robert Claridge (Law & Justice)
Presently, Smith v. Maryland is the governing piece of authority over matters concerning the privacy of metadata – something that has grown in prevalence since the advent of the 21st century, and with it, the predominance of technologies such as social media and instant messaging in day-to-day life. Smith, which was decided in 1979, necessarily relies on facts that – while once relevant – are now outdated and, as a result, now hinder the full potential of the law to protect individual privacy rights over metadata. This presentation will provide an overview of Smith, with particular detail as to the implications of its time, and those that remain today. Further, this presentation will attempt to demonstrate the vulnerabilities our data and its rights face as a result of Smith’s continued standing, and will evaluate potential alternative legal avenues that can be pursued further in the name of complete protection beneath the law.
Keywords: Metadata, Privacy, Rights