• Corpus ID: 155288281

The Case for the Third-Party Doctrine

  title={The Case for the Third-Party Doctrine},
  author={Orin S. Kerr},
  journal={Michigan Law Review},
This article offers a defense of the Fourth Amendment's third-party doctrine, the controversial rule that knowingly revealing information to a third party relinquishes Fourth Amendment protection in that information. Fourth Amendment scholars have repeatedly attacked the rule on the ground that it is unpersuasive on its face and gives the government too much power. This article responds that critics have overlooked the benefits of the rule and have overstated its weaknesses.The third-party… 

Fourth Amendment Pragmatism

In this essay, Professor Solove argues that the Fourth Amendment reasonable expectation of privacy test should be abandoned. Instead of engaging in a fruitless game of determining whether privacy is

Carpenter v. United States Begs for Action

For too long the United States has struggled with how to provide protection for data privacy in our digital world. The recent Supreme Court decision, with its 5-4 majority opinion and four dissents,


II. THE THIRD PARTY DOCTRINE: AN IDEA WHOSE TIME NEVER CAME, AND WHOSE TIME IS CERTAINLY OVER ........... 904 A. The Cases: Miller and Smith ......................................... 904 B. The

The Privacy Limits of Transacting in Bitcoin

  • Yana Kogan
  • Computer Science, Law
    Columbia Business Law Review
  • 2022
A modified reasonable expectation-of-privacy standard is suggested, supplementing the current standard with an additional inquiry into what information an individual disclosed when initiating a transaction, to preserve the integrity of Bitcoin.

Can Americans Resist Surveillance

This essay analyzes the ability of everyday Americans to resist and alter the conditions of government surveillance. Americans appear to have several avenues of resistance or reform. We can vote for

Future-proofing justice: building a research agenda to address the effects of technological change on the protection of constitutional rights

A s changes occur in society, fitting the effects of those changes into existing legal structures and practices is not always smooth. When changes are gradual, law and precedent have time to react,

The Blurred Blue Line: Reform in an Era of Public & Private Policing

In April 2017, the Alabama Senate voted to authorize the formation of a new police department. Like other officers in the state, officers at the new agency would have to be certified by the Alabama

Three systems theoretic essays in the sociology of law

Sociology has long grappled with the possibility of social order and the role of law in its constitution in an increasingly complex society. Niklas Luhmann's social systems theory has received praise

More Coherent, Less Subjective, and Operational

This chapter attempts to show that the CAPD provides a coherent normative doctrine that can be employed by the courts and legislatures and that is more systematic, less subjective, and at least as operational as the prevailing privacy doctrines.

Chapter 10 Expectations of Privacy in the Age of Surveillance: Implications for Democracy

After years of limiting the expectations of privacy that citizens may have in their day-to-day lives, several recent Supreme Court decisions have attempted to take account of the privacy expectations



The First Amendment as Criminal Procedure

This Article explores the relationship between the First Amendment and criminal procedure. These two domains of constitutional law have long existed as separate worlds, rarely interacting with each

United States v. Miller, 425

  • 1976

FAQ: What does the Google subpoena mean?

    See supra Section I.B. 208. 1 LAFAVE, supra note 7, § 2.7(b), at 736. 209. See supra Section i

      Brief for Pacific Telephone & Telegraph Co. et al. as Amici Curiae Supporting Petitioners. Olmstead v. United States. 277

      • 1928