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Fourth Amendment Fiduciaries, Kiel Brennan-Marquez

Faculty Articles and Papers

Fourth Amendment law is sorely in need of reform. To paraphrase Justice Sotomayor's concurrence in United States v. Jones, the idea that people have no expectation of privacy in information voluntarily shared with third-parties-the foundation of the widely reviled "third-party doctrine "-makes little sense in the digital age.

In truth, however, it is not just the third-party doctrine that needs retooling today. It is the Fourth Amendment's general approach to the problem of "shared information. " Under existing law, if A shares information with B, A runs the risk of "misplaced trust"-the risk that B will disclose the information to …