Category Archives: Third Party Doctrine

NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules

NYTimes: Tech Giants Brace for Europe’s New Data Privacy Rules by Sheera Frankel: The tech giants are preparing for a stringent new set of data privacy rules in the region, called the General Data Protection Regulation. Set to take effect … Continue reading

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CO: Def had no REP in the GPS his bondsman made him wear

The defendant was on bail, and his bondsman monitored him by GPS. The police obtained the GPS information to connect him to another crime. He had no reasonable expectation of privacy in the bondsman’s GPS. People v. Campbell, 2018 COA … Continue reading

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Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts

Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts by Ross Todd: The California Supreme Court has taken up a case that could determine if, how and when Facebook must turn over private user information about … Continue reading

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New Law Review Article: Surveillance Intermediaries

Alan Z. Rozenshtein, Surveillance Intermediaries, 71 Stan. L. Rev. 99 (2018). Abstract: Apple’s high-profile 2016 fight with the FBI, in which the company challenged a court order commanding it to help unlock the iPhone of one of the San Bernardino … Continue reading

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WaPo: Big Brother on wheels: Why your car company may know more about you than your spouse

WaPo: Big Brother on wheels: Why your car company may know more about you than your spouse by Peter Holley:

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MI: Electric company’s use of smart meters is not state action for 4A purposes

The electric company’s decision to install smart meters is not a Fourth Amendment issue because the company is a private actor. In re Consumers Energy Co., 2017 Mich. App. LEXIS 2161 (Oct. 10, 2017, published Dec. 28, 2017). The state … Continue reading

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D.Haw.: Authorized third party’s access of def’s security video from cloud not unreasonable nor was a SW required

“The evolution of technology gives rise, in this particular case, to the question of whether a third-party’s access to a defendant’s personal home surveillance system stored in the cloud (that is, where managed remotely and made available to users over … Continue reading

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Today is the 50th anniversary of Katz and the “reasonable expectation of privacy” standard

Fifty years ago today, SCOTUS decided Katz v. United States, 389 U.S. 347 (1967), which was the genesis of the reasonable expectation of privacy standard. LAPD vice officers investigating Katz as a college basketball bookmaker noticed he regularly used a … Continue reading

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WaPo: The Supreme Court’s privacy case shows Congress needs to draw new lines

WaPo: The Supreme Court’s privacy case shows Congress needs to draw new lines:

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The Hill: SCOTUS justices are ready to tackle privacy rights in the digital age

The Hill: SCOTUS justices are ready to tackle privacy rights in the digital age by Alan Butler: This case will not be decided in a vacuum, and it appears that the justices appreciate both the magnitude of the moment and … Continue reading

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WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument

WaPo: ‘The Volokh Conspiracy’ Blog: Thoughts on property and positive law after the Carpenter oral argument by Will Baude:

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Law and Liberty: The Original Meaning and the Carpenter Case: “Their Papers”

Law and Liberty: The Original Meaning and the Carpenter Case: “Their Papers” by Mike Rappaport:

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