Category Archives: Third Party Doctrine

VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military

VICE: Cars Have Your Location. This Spy Firm Wants to Sell It to the U.S. Military by Joseph Cox (“15 billion car locations. Nearly any country on Earth. ‘The Ulysses Group’ is pitching a powerful surveillance technology to the U.S. … Continue reading

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WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations

WaPo: ICE investigators used a private utility database covering millions to pursue immigration violations by Drew Harwell (“Government agencies increasingly are accessing private information they are not authorized to compile on their own.”)

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Techdirt: Treasury Oversight Says IRS Should Consider Getting Warrants Before Buying Location Data From Data Brokers

Techdirt: Treasury Oversight Says IRS Should Consider Getting Warrants Before Buying Location Data From Data Brokers by Tim Cushing (“Last October, Senators Ron Wyden and Elizabeth Warren asked the IRS’s oversight to take a look at the agency’s use of … Continue reading

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Nothing online is completely private: Parler data dump of “ethically hacked posts”

NYTimes: How Parler Reveals the Alarming Trajectory of Political Violence by Candace Rondeaux and Heather Hurlburt:

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W.D.N.C.: Def counsel not ineffective for not arguing Carpenter protects bank records because it doesn’t

There is no reasonable expectation of privacy in bank records such that the government needed a warrant to get them. Defense counsel wasn’t ineffective for not arguing that there was such an interest. “Carpenter did not overrule Miller but merely … Continue reading

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AZ: Third party doctrine after Carpenter doesn’t require SW for IP addresses and subscriber info

The third party doctrine after Carpenter does not make IP addresses and subscriber information protected by the Fourth Amendment or the state constitution. State v. Mixon, 2021 Ariz. LEXIS 3 (Jan. 11, 2021):

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CA3: No REP in cell phone subscriber records

There is no reasonable expectation of privacy in cell phone subscriber information such that a warrant is required to obtain it v. a subpoena duces tecum. United States v. Brooks, 2020 U.S. App. LEXIS 40561 (3d Cir. Dec. 29, 2020). … Continue reading

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CA11: No REP in one’s email address held by IP company under third-party doctrine

“This appeal requires us to decide whether the government needed a warrant to obtain a criminal suspect’s email address and internet protocol addresses from a third party’s business records. It also requires us to decide whether probable cause supported a … Continue reading

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Filter: DEA Pursues Vast Expansion of Patient Surveillance

Filter: DEA Pursues Vast Expansion of Patient Surveillance by Sessi Kuwabara Blanchard (“The Drug Enforcement Administration (DEA) is looking to expand its anti-diversion surveillance infrastructure by being able to search and analyze myriad patient behaviors for the vast majority of … Continue reading

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CA11: Carpenter doesn’t require SW for prescription drug monitoring program records

In this pill mill case, Carpenter provides no protection for third party records and information in the Florida Prescription Drug Monitoring Program (PDMP). United States v. Gayden, 2020 U.S. App. LEXIS 32030 (11th Cir. Oct. 9, 2020):

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techdirt.com: Secret Service Latest To Use Data Brokers To Dodge Warrant Requirements For Cell Site Location Data

techdirt.com: Secret Service Latest To Use Data Brokers To Dodge Warrant Requirements For Cell Site Location Data by Tim Cushing (“Another federal law enforcement agency has figured out a way to dodge warrant requirements for historical cell site location data. … Continue reading

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Engadget: Secret Service bought location data pulled from common apps

Engadget: Secret Service bought location data pulled from common apps by Christine Fisher:

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techdirt: The FBI Is Abusing The All Writs Act To Gain Access To Millions Of Travel Records

techdirt: The FBI Is Abusing The All Writs Act To Gain Access To Millions Of Travel Records by Tim Cushing:

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CA5: Bitcoin transactions are like third-party bank records with no REP

Bitcoin transactions are akin to third-party bank records and are not governed by Carpenter. There is no added reasonable expectation of privacy in them. United States v. Gratkowski, 2020 U.S. App. LEXIS 20501 (5th Cir. June 30, 2020). The vehicle … Continue reading

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AP: Michigan voters to decide on data protections in November election

AP: Michigan voters to decide on data protections in November election (“A state constitutional amendment to designate electronic communication and data as personal property has made it onto the November ballot. If passed, the amendment would put the same protections … Continue reading

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NM declines to adopt third-party doctrine in bank records under state constitution

“In this opinion we address whether, pursuant to Article II, Section 10 of the New Mexico Constitution, defendants Ismael and Angela Adame (the Adames) had a reasonable expectation of privacy in personal financial records maintained by their banks. We hold … Continue reading

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D.Mass.: BitTorrent software still subject to third-party doctrine despite its technical sophistication

Defendant claims that BitTorrent downloading is so sophisticated that the third-party doctrine of Smith and Miller should not apply. The court takes the argument seriously but rejects it. Carpenter doesn’t undermine the third-party doctrine, and the motion to suppress is … Continue reading

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Justia: The Third-Party Doctrine vs. Katz v. United States

Justia: The Third-Party Doctrine vs. Katz v. United States by Sherry F. Colb:

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N.D.Ind.: Def’s claim the warrant for his Facebook account is akin to Carpenter and CSLI fails as completely speculative and an admitted “guess”

United States v. Cox, 2020 U.S. Dist. LEXIS 97326 (N.D. Ind. June 3, 2020):

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MN: McNeely retroactive under Birchfield

“The rule announced in Missouri v. McNeely, 569 U.S. 141, 133 S. Ct. 1552 (2013), that the dissipation of alcohol in the bloodstream is not a per se exigency justifying the warrantless search of a suspected impaired driver-applies retroactively when … Continue reading

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