Topic
Third-Party Doctrine
10 published works
Data Privacy + Cybersecurity Insider
SCOTUS Hears the Next Big Fourth Amendment Fight Over Digital Location Data
By Roma Patel
Earlier this year, the Pennsylvania Supreme Court held that users generally lack a reasonable expectation of privacy in unprotected Google search records, underscoring how aggressively some courts are still applying…
Simple Justice
You Gave It To Google, So No Warrant Needed
It’s not a ruling, as there is no majority of the Pennsylvania Supreme Court in its Commonwealth v. Kurtz opinion saying so, but that’s only because the fourth vote held…
Little Rock Criminal Law
Understanding cellphone evidence and the third-party doctrine
If you are facing criminal charges, police officers and investigators may believe that they can find evidence on your cellphone. An example could be if you have been accused of…
Legal Theory Blog
Plante on the Fourth Amendment, Third Party Doctrine, and Location Data
Nicole Plante (Yale Law School) has posted Find My Friends, Lose My Privacy? Responding to Third-Party Doctrine's Failure in the Digital Age on SSRN. Here is the abstract: This Note…
Family Law Prof Blog
Ngov: “More Than Friends: Recognizing Dichotomous Relationships in the Third Party Doctrine”
By Family Law
Eang L. Ngov (Barry) has recently posted to SSRN her article More Than Friends: Recognizing Dichotomous Relationships in the Third Party Doctrine. Here is the abstract:When a person gives information…
Perkins on Privacy
Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021
A forthcoming Harvard Law Review article reviewed 857 cases that cited Carpenter v. United States, the landmark Supreme Court Fourth Amendment case, from its publication in June 2018 to March…
Inside Privacy
Two Years of Carpenter
Last month marks two years since the Supreme Court held, in Carpenter v. United States, that the Fourth Amendment applies to cell phone company records that detail a cell phone…
Simple Justice
Misunderstanding Katz; Forgetting Smith
About a decade ago, it became clear that the Fourth Amendment framework for the physical world was going to present some problems when applied to the digital world. Some of…
Inside Privacy
The Supreme Court Arguments in Carpenter Show that It May Be Time to Redefine the “Third-Party Doctrine”
On Wednesday, the Supreme Court heard oral arguments in Carpenter v. U. S., a case that involved the collection of 127 days of Petitioner Thomas Carpenter’s cell site location information…
Cyberblog
Drawing a line on the third-party doctrine
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…