4 ms·
There's a major (and important) distinction between the two scenarios. The State Actors doctrine says that the government can't hire someone to do something on
by bpt3 3y ago
There's a major (and important) distinction between the two scenarios.
The State Actors doctrine says that the government can't hire someone to do something on their behalf that they're not allowed to do.
Under the Third Party Doctrine, they aren't searching and seizing your property in this case, as your data is no longer your property since you gave it to that third party already.
If the government was paying Neustar (or whomever) to go acquire this data on their behalf, it would be an issue under current law. But buying something that was handed over willingly* is a different issue.
*the article makes a valid point that many people are unaware they have agreed to hand this data over to a service provider, which is something that should be addressed IMO.
You might not agree with it, but it's not an "obvious mistake" and it's not a "weird inconsistency" in caselaw.
- staplers 3y agoUnder the Third Party Doctrine, they aren't searching and seizing your property in this case, as your data is no longer your property since you gave it to that third party already. If you have a child in public education, you are forced to use third party tools to communicate, acquire class photos, enroll in sports, etc. Nothing with data collection is "voluntary". To exist in our society there are so many "private institutions" that essentially wield governmental power. It will absolutely be our undoing as a country that we cannot see the forest from the trees.
- bpt3 3y ago> If you have a child in public education, you are forced to use third party tools to communicate, acquire class photos, enroll in sports, etc. No, you aren't (at least in my area), but even if you are that's not the government's problem. > Nothing with data collection is "voluntary". To exist in our society there are so many "private institutions" that essentially wield governmental power. It is "voluntary". The quotes are there for a reason because it can be highly inconvenient not to "volunteer", but it is possible (at a cost in most cases). > It will absolutely be our undoing as a country that we cannot see the forest from the trees. Third party data access will not be our undoing. For one, it's not that serious of an issue, and we can ultimately change the law if enough people feel strongly enough about it.
- staplers 3y agoit can be highly inconvenient not to "volunteer" I guarantee you don't have a child in public education.