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ConceptThird-Party Doctrine

Third-Party Doctrine

A legal principle derived from the Fourth Amendment to the United States Constitution, holding that information voluntarily disclosed by an individual to a third party carries no reasonable expectation of privacy. The doctrine is frequently invoked when adjudicating the constitutionality of data collection practices in the digital age.

Timeline (last 90 days)

Oct 9

The Third-Party Doctrine in U.S. law holds that information individuals voluntarily expose to others in public spaces is not protected by Fourth Amendment privacy protections.

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Oct 3

Chief Justice Roberts, in the majority opinion in Carpenter v. United States, noted that the traditional "third-party doctrine" no longer applies when technology enables near-comprehensive surveillance of an individual's long-term whereabouts.

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Sep 27

The third-party doctrine holds that vehicles traveling on public roads have no reasonable expectation of privacy, and therefore the collection of LPR data does not require a warrant.

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Sep 23

U.S. courts have held under the third-party doctrine that information voluntarily disclosed to a third party is not protected by the Fourth Amendment.

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Sep 9

The Third-Party Doctrine originates from the 1979 case Smith v. Maryland, with the core logic that information voluntarily disclosed by an individual to a third party no longer enjoys a reasonable expectation of privacy, and law enforcement does not need a warrant to obtain such information.

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