The third party doctrine may be extended to guests visiting a home, but existing law should adapt to require the visitor’s consent. One party consent laws will no longer be feasible in this context without an exception, as they would completely eradicate any expectation of privacy when visiting another’s home.
A more pragmatic approach would be to extend the two party consent laws to owners of recording devices, whereby the duty to disclose that conversations are being recorded would most efficiently be placed on the owner of the recording device.
Consent laws must be modified in order to match the reasonable expectation of privacy of guests visiting another’s home. Owners of an Echo device, similar to banking institutions, should have a duty to disclose to their home guests that conversations may be recorded. The duty of disclosure would best be reflected by a uniform application of the two party consent laws.
The third party doctrine may be extended to guests visiting a home, but existing law should adapt to require the visitor’s consent. One party consent laws will no longer be feasible in this context without an exception, as they would completely eradicate any expectation of privacy when visiting another’s home.
A more pragmatic approach would be to extend the two party consent laws to owners of recording devices, whereby the duty to disclose that conversations are being recorded would most efficiently be placed on the owner of the recording device.
Consent laws must be modified in order to match the reasonable expectation of privacy of guests visiting another’s home. Owners of an Echo device, similar to banking institutions, should have a duty to disclose to their home guests that conversations may be recorded. The duty of disclosure would best be reflected by a uniform application of the two party consent laws.