Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine

Fourth Amendment

As the field of privacy and digital surveillance grows increasingly chaotic, Michael Price proposes a compelling supplement to the third-party doctrine. Eschewing the popular position that our privacy clashes are generational, Price instead reviews the history of Fourth Amendment jurisprudence to identify missteps in doctrine that have led us to the current impossible position. Along the way he wrestles with problems such as cloud storage and communications metadata, and he concludes with a framework that strikes a new balance between our storied civil liberties heritage and the “papers” of a big data society.

By Michael W. Price

Michael W. Price is Counsel, Liberty & National Security Program, Brennan Center for Justice at NYU School of Law.


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