PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Buying You: The Government’s Use of Fourth-Parties to Launder Data about ‘The People’

Posted on January 2, 2010 by pogowasright.org

Simmons, Joshua L., Buying You: The Government’s Use of Fourth-Parties to Launder Data about ‘The People’ (September 19, 2009). Columbia Business Law Review, Vol. 2009, No. 3, p. 950. The full-text article is available as a free download at SSRN: http://ssrn.com/abstract=1475524

Abstract:
Your information is for sale, and the government is buying it at alarming rates. The CIA, FBI, Justice Department, Defense Department, and other government agencies are at this very moment turning to a group of companies to provide them information that these companies can gather without the restrictions that bind government intelligence agencies. The information is gathered from sources that few would believe the government could gain unfettered access to, but which, under current Fourth Amendment doctrine and statutory protections, are completely accessible.

Fourth-parties, such as ChoicePoint or LexisNexis, are private companies that aggregate data for the government, and they comprise the private security-industrial complex that arose after the attacks of September 11, 2001. They are in the business of acquiring information, not from the information’s originator (the first-party), nor from the information’s anticipated recipient (the second-party), but from the unavoidable digital intermediaries that transmit and store the information (third-parties). These fourth-party companies act with impunity as they gather information that the government wants but would be unable to collect on its own due to Fourth Amendment or statutory prohibitions. This paper argues that when fourth-parties disclose to law enforcement information generated as a result of searches that would be violations had the government conducted the searches itself, those fourth-parties’ actions should be considered searches by agents of the government, and the data should retain privacy protections.

Hat-tip, Slashdot, via Centennial Man.

Category: BusinessFeatured NewsGovtSurveillanceU.S.

Post navigation

← EFF Helps Blogger Subpoenaed by TSA, TSA Backs Down
Privacy rights in a digital age →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • FTC dismisses privacy concerns in Google breakup
  • ARC sells airline ticket records to ICE and others
  • Clothing Retailer, Todd Snyder, Inc., Settles CPPA Allegations Regarding California Consumer Privacy Act Violations
  • US Customs and Border Protection Plans to Photograph Everyone Exiting the US by Car
  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed

RSS Recent Posts on DataBreaches.net

  • International cybercrime tackled: Amsterdam police and FBI dismantle proxy service Anyproxy
  • Moldovan Police Arrest Suspect in €4.5M Ransomware Attack on Dutch Research Agency
  • N.W.T.’s medical record system under the microscope after 2 reported cases of snooping
  • Department of Justice says Berkeley Research Group data breach may have exposed information on diocesan sex abuse survivors
  • Masimo Manufacturing Facilities Hit by Cyberattack
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy