Changes

== History ==

== History ==

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).

The history 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).

 

A few years after ''Miller'', the Court applied third-party doctrine to deny any Fourth Amendment rights with respect to the installation and use of a pen register by the government to secretly record the phone numbers called by an individual.  The Court held that this monitoring "was not a 'search,' and no warrant was required.  ''Smith v. Maryland'', 442 U.S. 735, 746 (1979).  As with ''Miller'', Congress subsequently overturned this decision with a law to provide some privacy protections.  But the precedent against the Fourth Amendment applying stands.

== References ==

== References ==