Alexa, Give My Personal Information to the Government: The Application of the Third-Party Doctrine to Smart Devices

摘要

The current interpretation of the third-party doctrine is in danger of completely nullifying Fourth Amendment protections in a world that all but requires us to share our information with third parties. The trend of disregarding the test set forth in Katz and replacing it with the determination that whatever information is "voluntarily" conveyed to a third party is afforded no Fourth Amendment protection is a misapplication of precedent. The Court must get back to applying the Katz test in third-party doctrine analysis.