Skip to main content

Topic

Third-Party Doctrine

10 published works

  1. 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…

  2. Simple Justice

    You Gave It To Google, So No Warrant Needed

    By Scott Greenfield

    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…

  3. Little Rock Criminal Law

    Understanding cellphone evidence and the third-party doctrine

    By Msmithcontentcustoms

    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…

  4. Legal Theory Blog

    Plante on the Fourth Amendment, Third Party Doctrine, and Location Data

    By Lawrence B. Solum

    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…

  5. 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…

  6. Perkins on Privacy

    Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021

    By Thea Percival

    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…

  7. Inside Privacy

    Two Years of Carpenter

    By Inside Privacy

    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…

  8. Simple Justice

    Misunderstanding Katz; Forgetting Smith

    By Scott Greenfield

    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…

  9. Inside Privacy

    The Supreme Court Arguments in Carpenter Show that It May Be Time to Redefine the “Third-Party Doctrine”

    By Inside Privacy

    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…

  10. Cyberblog

    Drawing a line on the third-party doctrine

    By Stewart Baker

    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…