Re:Facial Recognition’s Threat to Privacy Is Worse Than Anyo...
by pdkl95 on Thursday October 20, 2016 @04:59PM
(#12756111)
https://en.wikipedia.org/wiki/Third-party_doctrine
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Re:Facial Recognition’s Threat to Privacy Is Worse Than Anyo...
by dimino on Thursday October 20, 2016 @05:04PM
(#12756152)
"the Court is cautiously developing new standards of Fourth Amendment protection, including a rejection of a strong third party doctrine."
Re:Facial Recognition’s Threat to Privacy Is Worse Than Anyo...
by pdkl95 on Thursday October 20, 2016 @05:28PM
(#12756335)
US v Jones, which your link discusses, didn't rule on the 3rd-party doctrine, which is (unfortunately) still being used. Yes, Justice Sotomayor, in her concurring opinion, made a very good case for revisiting what "expectation of privacy" means and suggested that constitutional protections should extend into 3rd party data. Chief Justice Roberts made similar comments[1] in the court opinion for Riley v. CA.
However, those cases addressed specific questions (placing a GPS tracking device, and searching a cellphone that was found upon arrest) and did not rule on the general use of the 3rd-party doctrine. I hope those cases are a sign of change in the court that will lead to broader rulings in the future, but that hasn't happened yet.
[1] https://en.wikipedia.org/wiki/Riley_v._California#Opinion_of...
Re:Facial Recognition’s Threat to Privacy Is Worse Than Anyo...
by dimino on Thursday October 20, 2016 @06:46PM
(#12756838)
> But in the broader view, it is not merely one Justice who will not apply the third party doctrine in a strong form, and thus I have previously written the doctrine’s obituary.