Category Archives: Third Party Doctrine

Investor’s Business Daily: Betsy McCaughey: How Privacy Purists Are Helping Criminals [No they’re not and she doesn’t get how it all works.]

Investor’s Business Daily: Betsy McCaughey: How Privacy Purists Are Helping Criminals:

Posted in Cell site location information, Third Party Doctrine | Comments Off

Motherboard: The Supreme Court Phone Location Case Will Decide the Future of Privacy

Motherboard: The Supreme Court Phone Location Case Will Decide the Future of Privacy by Stephen Vladeck: Later this year, the Supreme Court will decide if police can track a person’s cell phone location without a warrant. It’s the most important … Continue reading

Posted in Cell site location information, Third Party Doctrine | Comments Off

WaPo: Third party rights and the Carpenter cell-site case

WaPo: Third party rights and the Carpenter cell-site case by Orin Kerr:

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SCOTUS: cert granted in CSLI case; third-party doctrine to be revisited, but how will it turn out?

Carpenter v. United States, 16-402 (granted June 5, 2017) Issue: Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth … Continue reading

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CA2: Computer SW was sufficiently particular; broad doesn’t mean necessarily unreasonable

In the Silk Road “drug kingpin” conviction, whether the third party doctrine succumbs to technology is going to have to come from SCOTUS since the doctrine came from it. The search warrant for defendant’s computer was sufficiently particular. Broad for … Continue reading

Posted in Computer searches, Overseizure, Particularity, Third Party Doctrine | Comments Off

OH5: Def without DL and not on rental agreement as authorized driver had no standing

Defendant never had a DL, and he was driving a rental car and wasn’t on the paperwork as an authorized driver, so the renter had no authority to let him drive. Therefore, he lacked standing. State v. Nicholson, 2017-Ohio-2825, 2017 … Continue reading

Posted in Cell site location information, Standing, Third Party Doctrine | Comments Off

IN: CSLI is third-party information for which SW not required [noting pending cert. petitions]

The third party doctrine is still alive and well, and the collection of CSLI does not implicate Fourth Amendment concerns. Zanders v. State, 2017 Ind. LEXIS 339 (May 4, 2017):

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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

Posted in Cell phones, Third Party Doctrine | Comments Off

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

Posted in Cell phones, Cell site location information, Overbreadth, Third Party Doctrine | Comments Off

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:

Posted in Surveillance technology, Third Party Doctrine | Comments Off