Tim Cushing writes:
The Fourth Amendment is rarely a match for the Third Party Doctrine. In recent years, things have gotten a wee bit better thanks to a couple of Supreme Court rulings. But the operative principle still overrides: whatever we share (voluntarily or not) with private companies can often be obtained without a warrant.
That’s why bills have been introduced to add Fourth Amendment protections to cell location data gathered by phone apps. That’s why there’s been a constant struggle in courts and in Congress to reconcile the Third Party Doctrine with the Fourth Amendment, given the vast amount of information and data Americans now share with thousands of third parties.
Then there’s the players in the Third Party Doctrine market. There’s the government, which wants as much information as it can obtain without having to subject its actions and motives to judicial scrutiny. And there are the private companies, who figure it’s far more cost effective to just give the government what it wants, rather than challenge government requests for data in court.
The private entities involved here probably have more reason than most to not try to piss the government off. Not only are they still struggling to recover from a widespread retail downturn ignited by a worldwide pandemic, but they’re also paying off large settlements to the government for playing things a bit too fast and loose when it came to handing out opioids to Americans.
As Beth Mole reports for Ars Technica (and following on the heels of the news pharmacy chain Rite Aid is facing a five-year facial recognition tech ban), every major player in the retail pharmacy business has been handing over sensitive medical data to the government without ever demanding to see an actual warrant.
Read more at TechDirt.