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Yes, in previous decades the government could access electronic communications under the third party doctrine[1] that says the fourth amendment only applied to
by pc2g4d 11y ago
Yes, in previous decades the government could access electronic communications under the third party doctrine[1] that says the fourth amendment only applied to "papers" held by the individual / in their home, not to communications voluntarily placed in the hands of a third party. On the other hand, far less of people's lives was conducted online. I expect that's why no real objections were raised.
Because much intimate communication has moved from in-person/on-telephone/other-instantaneous communications to asynchronous platforms hosted by third parties, in effect much that was "private" is now effectively "public". What once required a warrant now does not. Many things previously subject to protections against unreasonable searches are no longer so protected.
[1]: http://www.abajournal.com/magazine/article/the_data_question_should_the_third-party_records_doctrine_be_revisited/ http://www.abajournal.com/magazine/article/the_data_question...