Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA
The Lawfare Podcast
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The Fourth Amendment and the Third Party Doctrine
Under third party doctrine, none of these records are privileged re are somehow subject to special protections. There have been some important decisions in the court in the last few years calling into question the third party doctrine. A telephone search would typically expose to the government far more than the most exhaustive search of a house. The term self phone is itself misleading shorthand many of the devices are, in effect, computers that also happen to be used as a telephone.
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