Should Data Accessible Under Third-Party Doctrine be Protected Under Fourth and Fifth Amendments

The Right to Privacy

It is expected that, at some time in the near future, the Supreme Court of the United States will be asked to consider a case which will impact the privacy of data about citizens which is held by third parties. It is further expected that this decision will rest on the question of whether access to such data should be protected under the fourth and fifth amendments to the Constitution of the United States.

For the purposes of this assignment, you are to reflect upon relevant historical practices, documentation and precedents, including, but not limited to, those discussed in class, to arrive at your opinion and answer the question: “Should data, which is currently accessible under the third-party doctrine, be protected under the fourth and fifth amendments to the Constitution of the United States?”

You should, at the very least, consider: 1. The “Right to Privacy”, Brandies, L. & Warren, S. (Dec. 15, 1890), Harvard Law Review 193. 2. The Fourth and Fifth Amendments to the Constitution of the United States. 3. The “Third Party Doctrine”. 4. Relevant case law and precedents. 5. Ethical Frameworks 6. Opinions expressed by others about items 1 - 4 above or related subjects.

You are NOT expected to form a legal opinion as if you were a Justice of the Supreme Court. Instead, you are expected to form an opinion and to support that opinion with a well formulated argument. You are encouraged to call upon the appropriate ethical frameworks including both physical/spatial and temporal domains, under which you may evaluate the utility of your ethical decision.

Deviations - You may deviate from the requirements of this assignment by deciding (for example): Data should be protected under law but not by using the fourth and fifth amendments to the Constitution as the basis for this protection. Under this scenario you must clearly state why you do not believe these amendments apply and present the actual basis of your opinion.