Category Archives: Third Party Doctrine

WaPo: A serial rapist eluded police for years. Then they searched a genealogy site.

WaPo: A serial rapist eluded police for years. Then they searched a genealogy site. by Eli Rosenberg:

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N.D.Ala.: No REP in bank records under still settled law

“Petitioner argues that the IRS’s summonses to Bank of America and Regions Bank violate his Fourth Amendment rights. … The Eleventh Circuit recently considered and rejected a Fourth Amendment challenge to an IRS summons directed towards a bank because the … Continue reading

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Law360: Airbnb Suit Challenges New NYC Rental Data Collection Law

Law360: Airbnb Suit Challenges New NYC Rental Data Collection Law by Pete Brush Airbnb Inc. sued New York City on Friday claiming a new law requiring online rental companies to share data about their clientele violates the U.S. Constitution, but … Continue reading

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CA7: City’s use of “smart meter” is a search, but it is reasonable because it’s not for criminal purposes and law enforcement never knows

The use of a smart meter to collect energy consumption in homes is a search under the Fourth Amendment under Kyllo. It is, however, a reasonable search because it is purely for the use of the power company and city … Continue reading

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Washington Post: Subpoena for app called ‘Discord’ could unmask identities of Charlottesville white supremacists

Washington Post: Subpoena for app called ‘Discord’ could unmask identities of Charlottesville white supremacists By Meagan Flynn: Discord, which was started in 2015 as a secure chat app for videogamers, also happened to be conducive for white supremacists, white nationalists, … Continue reading

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Talk Business: SmartDrive focuses on fleet safety using video to improve risky driver behavior

Talk Business: SmartDrive focuses on fleet safety using video to improve risky driver behavior by Jeff Della Rosa:

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Legal Intelligencer: As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy?

Legal Intelligencer: As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy? by Max Mitchell: The trail of murders and assaults spanning California went unsolved for decades, until investigators turned to a tool more popular with genealogy … Continue reading

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CA11: IRS summons to bank would be enforced; the summons was reasonable under the 4A: info sought was reasonable and narrowly tailored, and it was to a bank

The district court did not err in enforcing the IRS summons under 26 U.S.C.S. § 7602 to the taxpayers’ bank because the taxpayers did not have a reasonable expectation of privacy in the financial records held by the bank. The … Continue reading

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The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’

The Hill: Lawmakers should accept reality that digital communication can never be ‘too secure’ by Chris Howell:

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SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States

SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States, 2018 U.S. LEXIS 3844 (U.S. June 22, 2018) (5-4). Gorsuch “dissents,” but it reads like a concurrence, which parallels his questions at oral argument, and he agrees with Justice … Continue reading

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New Yorker: Why Do We Care So Much About Privacy?

New Yorker: Why Do We Care So Much About Privacy? by Louis Menand (magazine title: “Nowhere to Hide”): Big Tech wants to exploit our personal data, and the government wants to keep tabs on us. But “privacy” isn’t what’s really … Continue reading

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The New Yorker: Why Do We Care So Much About Privacy?

The New Yorker: Why Do We Care So Much About Privacy? by Louis Menand: Big Tech wants to exploit our personal data, and the government wants to keep tabs on us. But “privacy” isn’t what’s really at stake. Long thoughtful … Continue reading

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