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Again, this comes down to "Third Party Doctrine" - effectively (in the US), you have a right to privacy until you give your data to an unrelated third party. F
by caseysoftware 3y ago
Again, this comes down to "Third Party Doctrine" - effectively (in the US), you have a right to privacy until you give your data to an unrelated third party.
For example, if I want to give you $100, I can go to your house and hand you cash and it should be "private". Unfortunately, drug laws also add some exceptions. :(
Alternatively, if I give you $100 via check, paypal, venmo, stripe, or any other service, I no longer have an "expectation of privacy" and therefore law enforcement can request it and do what they want.
Now apply that to banks, cell carriers, ISPs, libraries, traffic cameras, your frequent flier account, and any website you visit. There was recently ruling - in California, I believe - where spousal privilege was pierced because a husband and wife discussed the situation via text losing their "expectation of privacy".
If we want to restore anything resembling privacy, we need to kill Third Party Doctrine and that can ONLY happen if the law changes.
And to preempt the "well actually" folks.. No, it started 50+ years before the PATRIOT Act. Some of it tracks back to RICO and organized crime. No, it doesn't matter what the Constitution says, there's plenty of case law that refines/contradicts it.
Check out "Habeas Data: Privacy vs. the Rise of Surveillance Tech" for some background on this in the US.