Category Archives: Third Party Doctrine

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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WaPo: Companies may be willing to pay for data from Fitbits, other wearable sensors

WaPo: Companies may be willing to pay for data from Fitbits, other wearable sensors by Des Bieler: Naturally, privacy concerns abound here, and Olshansky emphasized that he was ‘acutely sensitive to those issues.’ He added: ‘We think that personal health … Continue reading

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American Banker: IRS Quest for Coinbase Data Sets Dangerous Precedent

American Banker: IRS Quest for Coinbase Data Sets Dangerous Precedent by Jerry Brito:

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WA prescription drug monitoring program doesn’t violate 4A or state const’l rights of physicians

The Washington prescription drug monitoring program records do not violate the Fourth Amendment or state constitutional rights of physicians. Alsager v. Bd. of Osteopathic Med. & Surgery, 2016 Wash. App. LEXIS 2768 (Nov. 15, 2016):

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E.D.Pa.: CSLI warrant upheld

CSLI warrant upheld: “ The cell site data obtained by the government is admissible because the government’s actions did not constitute a ‘search’ falling under the protection of the Fourth Amendment. Even if the government had violated the Fourth Amendment, … Continue reading

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