Transcription of The Fourth Amendment Third-Party Doctrine
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The Fourth Amendment Third-Party Doctrine
The Fourth Amendment Third-Party Doctrine Richard M. Thompson II Legislative Attorney June 5, 2014 Congressional Research Service 7-5700 R43586 The Fourth Amendment Third-Party Doctrine Congressional Research Service Summary In the 1970s, the Supreme Court handed down Smith v. Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. In these cases, the Court held that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties. This legal proposition, known as the Third-Party Doctrine , permits the government access to, as a matter of Fourth Amendment law, a vast amount of information about individuals, such as the websites they visit; who they have emailed; the phone numbers they dial; and their utility, banking.
The third-party doctrine has been heavily criticized for unnecessarily constricting Americans’ ... Since these decisions, there has been a wave of advancement in data generation, collection, automation, and processing.12 Whether these new technologies and shifts in social interaction require courts or lawmakers to revise this review is
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