Category Archives: Third Party Doctrine

LA5: No REP in cell phone provider’s records

There is no reasonable expectation of privacy in cell phone call details kept by the service provider under the third-party doctrine. State v. Savage, 2017 La. App. LEXIS 609 (La.App. 5 Cir. April 12, 2017) (decided under Fourth Amendment and … Continue reading

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TX: Texas Const. grants no special protection to third party information; here CSLI and numbers dialed

Third party cell phone information is not protected by the Texas Constitution. It grants no greater rights than the Fourth Amendment. If the drafters wanted it broader, they could have said so. The information was available to law enforcement under … Continue reading

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CEI: Six Reasons FCC Rules Aren’t Needed to Protect Privacy

CEI: Six Reasons FCC Rules Aren’t Needed to Protect Privacy by Ryan Radia:

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WaPo: Congress’s vote to eviscerate Internet privacy could give the FBI massive power

WaPo: Congress’s vote to eviscerate Internet privacy could give the FBI massive power by Paul Ohm: Many are outraged about congressional efforts to eviscerate Internet privacy regulations set by the Federal Communications Commission under President Barack Obama. But a frightening … Continue reading

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S.D.N.Y.: Sporadic user of cell phone had no standing; gathering provider information not a “search”

Defendant moved to suppress the cell phone data from a phone he sporadically used during a conspiracy, but he has no standing. The date was 334 days worth, and his use was occasional. This is no different that a sporadic … Continue reading

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E.D.Cal.: 26 U.S.C. § 7609 and the Code of Professional Conduct for CPAs creates no REP; Couch remains good law

“[D]efendant Galloway moves to suppress from admission into evidence the tax records received from CPA Livsey by IRS agents, arguing that 26 U.S.C. § 7609 and the Code of Professional Conduct for CPA’s conferred upon him a reasonable expectation of … Continue reading

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GA: State computer privacy statute doesn’t protect IP information from third-party disclosure

A state computer privacy statute cannot be interpreted to protect IP information from administrative subpoena. The state courts have already held it isn’t protected because it’s third-party information. Courtney v. State, 2017 Ga. App. LEXIS 56 (Feb. 17, 2017): Here, … Continue reading

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WaPo: How to stop data collection on your Vizio (or other smart) television

WaPo: How to stop data collection on your Vizio (or other smart) television by Hayley Tsukayama:

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WaPo: These smart TVs were apparently spying on their owners [mere third party data?]

WaPo: These smart TVs were apparently spying on their owners by Hayley Tsukayama. So, if this is third party data, is it subject to mere subpoena and not a search warrant? Feel free to be creeped out. I have a … Continue reading

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New Law Review: “The Positive Law Model of the Fourth Amendment,” for evaluating new technological problems and the third-party doctrine

New Law Review: “The Positive Law Model of the Fourth Amendment,” 129 Harv. L. Rev. 1821 (2016) by William Baude & James Y. Stern: For fifty years, courts have used a “reasonable expectation of privacy” standard to define “searches” under … Continue reading

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