Automation and the Fourth Amendment Matthew Tokson Iowa Law Review [Vol. 96:581-647] Abstract: The Supreme Court has held that an individual relinquishes any Fourth Amendment interest in information that he or she voluntarily discloses to a third party. Known as the “Third Party Doctrine,” this controversial rule is increasingly problematic in an age where a…
Category: Court
Pennsylvania Court Specifies Test for Unmasking Anonymous Online Speakers
Ryan Mrazik writes: Last week, the Superior Court of Pennsylvania vacated a trial court’s order directing the disclosure of the identities of six John Does who allegedly posted defamatory remarks on the internet and adopted a four-prong modified test for unmasking anonymous online speakers in the future. In Pilchesky v. Gatelli, 2001 Pa. Super. 3, Nos….
Is There a Right of Informational Privacy? Supreme Court Avoids the Issue in NASA Opinion
Debra Cassens Weiss discusses today’s Supreme Court opinion in NASA v. Nelson with a focus on the court’s statements about whether there is a constitutional right to information privacy: “We assume, without deciding, that the Constitution protects a privacy right of the sort” mentioned in two 1977 Supreme Court decisions, Alito wrote. “We hold, however,…
Argument recap in FCC v. ATT: Losing on a privacy claim?
Lyle Denniston comments on the Supreme Court justices’ reactions during oral argument on FCC v. ATT today: With a clarity that approached the blatantly obvious, the notion that federal law gives corporations a right of “personal privacy” in their internal records steadily lost support as argument on the point unfolded Wednesday in the Supreme Court….