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Third-party doctrine (view source)

Revision as of 02:16, August 8, 2015

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Administrative subpoenas are used by the government without a warrant more often than most people realize.  NSA gathers its metadata based on third-party doctrine.<ref>http://www.washingtonexaminer.com/the-progressive-roots-of-nsas-privacy-violations/article/2566725</ref>
 
Administrative subpoenas are used by the government without a warrant more often than most people realize.  NSA gathers its metadata based on third-party doctrine.<ref>http://www.washingtonexaminer.com/the-progressive-roots-of-nsas-privacy-violations/article/2566725</ref>
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== History ==
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The origin of '''third-party doctrine''' can be traced back at least to ''United States v. Miller'', where the [[U.S. Supreme Court]] held that financial documents subpoenaed from a bank are not protected by the Fourth Amendment as "private papers" of the defendant, but instead constitute "the business records of the banks." 425 U.S. 435, 440 (1975).  The Right to Financial Privacy Act of 1978 protected the privacy of bank customers against this decision, but a line of court cases developed based on this decision which denied protection of the Fourth Amendment to the privacy interests of citizens who voluntarily provide information to "third parties" (i.e., outside companies).
    
== References ==
 
== References ==
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