4 ms·
The third party doctrine arises from an era where much less information was held by third parties. It obviously can't be claimed that information I share with i
by lvs 7y ago
The third party doctrine arises from an era where much less information was held by third parties. It obviously can't be claimed that information I share with integral service providers, e.g. when sending an email to my daughter, carries no expectation of privacy. Third party doctrine is therefore highly problematic, and it is already seeing a small number of court decisions picking away at it. It inevitably has to be reworked.
- zerocrates 7y agoI agree with you that the third party doctrine is itself a problem, particularly as more and more of daily life is recorded and conducted through such "third parties." End to end encryption is one way of fighting back against that regime: if the third party has nothing it can use to respond to a subpoena then that's that. Of course we see here that the government quite likes their access (and sees encryption as standing in the way even of warrant-based access) and so they're stirring to action. I suppose I'm just a pessimist about the prospects of courts stepping in here to "fix" their mistakes (or prevent the legislature from making new ones).