The Third-Party Doctrine Is Dying. Government Surveillance Is Not

The third-party doctrine is dying. Government surveillance is not

In its recent Chatrie v. United States decision, the Supreme Court held that obtaining a person’s Google location history through a geofence warrant falls within the Fourth Amendment’s protections. The 6-3 decision chips away at the third-party doctrine, a rule that has allowed the government to bypass particular warrants to access sensitive information people share with private companies.  But even after Chatrie, the Fourth Amendment’s protecti…

EDITORIAL: A chance to strengthen Fourth Amendment protections

Closing a gaping hole.

Bought, Not Seized: How the Third-Party Doctrine Turned the Fourth Amendment Into a Commodity

The Department of Homeland Security is preparing to spend $125 million on access to a vast commercial database containing personal information on millions of Americans—including names, addresses, Social Security numbers, geolocation data, and social media activity. Officials argue they don't need a warrant because they aren't seizing the information—they're buying it. That distinction rests on…