In America, the "third-party doctrine" has long governed privacy law.
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It may also enshrine Mr Kim's own ideas in party doctrine.
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The third-party doctrine dates from a 225 case, Smith v.
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In his eyes, the third-party doctrine was simply another anomaly.
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His views on finance, however, are perfectly orthodox Republican Party doctrine.
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For example, the third party doctrine has been disastrous in the Internet age.
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Justice Sonia Sotomayor wants to revisit the so-called "third party doctrine" altogether.
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Taken together, Miller and Smith established what's known as the third-party doctrine.
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The Third-Party Doctrine made some sense when it was invented 40 years ago.
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Justice Sotomayor, writing a solo concurring opinion, explicitly called the third party doctrine into question.
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In other words, the notorious "third-party doctrine" does not apply to phone location data.
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It's not to enforce party doctrine, purge ideological dissenters, or purify the wellspring of party orthodoxy.
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Location data should be exempt from the third-party doctrine that affects more traditional records, Wynn argued.
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The third-party doctrine, they say, is outdated and too narrow to suit today's ever-changing technologies.
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Even though these violations wouldn't have required warrants, the third-party doctrine limits a victim's legal recourse.
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Because people voluntarily turn over access to their calls to phone companies, the third-party doctrine applies.
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China's state-sponsored media warp reality to cohere to Communist Party doctrine -- and thus turn truth into farce.
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This includes topics such as explaining Party doctrine, sharing economic and social achievements, and China's increasing international influence.
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One more vote is needed for five votes, and that could be the demise of the third party doctrine.
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But as the Snowden disclosures also underscored, technology has dramatically changed the privacy implications of the third-party doctrine.
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Without knowing what they don't know, they're likely to be more receptive to party doctrine and easier to govern.
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Also of note in Gorsuch's Ackerman opinion was his indication that the third-party doctrine needed to be revisited.
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The end of the third party doctrine would herald a dramatic increase in 4th Amendment protection in today's digital age.
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He scorns long-held party doctrine on the minimum wage, same-sex marriage, trade deals, healthcare and maybe even abortion.
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After Reagan's 1980 election victory, neoconservatism grew in influence, eventually turning into something akin to party doctrine on foreign policy.
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But the Justice Department argued that the Fourth Amendment didn&apost apply because of the Supreme Court&aposs Third-Party Doctrine.
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It explicitly carves out an exception of sorts from the third-party doctrine for historical CSLI, citing its unusually intrusive nature.
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"The Supreme Court may in the future limit, or even eliminate, the third-party doctrine," the court wrote in the opinion.
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The appeals court grounded that decision in the third-party doctrine, first articulated by the Supreme Court in United States v.
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Right now, cops can gather "metadata," or information about communications (like location), without a warrant because of the third-party doctrine.
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The third party doctrine is, in my view, the most significant and wrongheaded impediment to effective 4th Amendment regulation of government surveillance.
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In June 2018, however, the Supreme Court struck a serious and welcome blow to the third-party doctrine in its Carpenter v.
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In fact, they tend to draw on longstanding party doctrine and on the career professionals who staff our vast foreign policy institutions.
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But this third-party doctrine gets complicated when applied to DNA spit-kit data files uploaded to a family-finding website like GEDmatch.
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The application of the third-party doctrine has been logically inconsistent and confusing, and it is particularly ill suited to the digital age.
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Doing so won't be merely a matter of finding the right drug (or wall, or candidate, or party doctrine) to slow the nation's pulse.
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And the third-party doctrine doesn't just apply to cell phone data, but private images, healthcare information, and in some circumstances, even phone calls.
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The third party doctrine is one of the main reasons why the 4th Amendment has often not had much relevance when digital data is involved.
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Justice Sonia Sotomayor wrote a concurring opinion in which she called on the court to revisit the third-party doctrine in light of technological advances.
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This reality is the foundation of the court's ruling that the third-party doctrine does not apply because cell phone data is not voluntarily conveyed.
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The works in this exhibition revealed how artists struggled to find their individual voices against the forced collectivity imposed on them by Communist state party doctrine.
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But Mr. Trump's unfiltered rallies and unshakable self-regard attracted a zealous following, fusing unsubtle identity politics with an economic populism that often defied party doctrine.
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It's not the job of the chair to write party doctrine; leave that to the 447 members of the committee to debate contentious issues amongst themselves.
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I wonder whether the justices writing in the 1970s had any idea of how profound the implications of the third party doctrine would be in today's age.
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But under the third party doctrine, the government can readily obtain GPS data from third parties that provide GPS services without a physical trespass to the car.
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Even if the court confines its ruling to non-content information, it could imperil the Section 215 metadata program, which directly relies on the third party doctrine.
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In a friend of the court brief filed in support of the government, the National District Attorneys Association warned the court against eviscerating the third-party doctrine.
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Under the third party doctrine, the U.S. Supreme Court has held that that there is no reasonable expectation in privacy for information known or exposed to third parties.
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Private records are now routinely stored on third party servers and, as a result, the traditional third party doctrine rule would leave huge volumes of sensitive data unprotected.
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Clinton, the pragmatist, won the battle, but Sanders won the war, as his supposedly idealistic policies have become broadly popular among Democrats—even party doctrine, in some cases.
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Trump has strayed from party doctrine before, but when he's done so, it's been on issues where the GOP is in a very different place from the establishment.
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When the Third Party Doctrine was adopted, there was only so much information that a person could give up by making a call to someone on a landline telephone.
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Several courts have held that broad government surveillance programs, including some of the NSA's surveillance programs, escape the reach of 4th Amendment protection due to the third party doctrine.
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Relying on the Smith decision's "third-party doctrine," federal appeals courts have said government investigators seeking data from cellphone companies showing users' movements also do not require a warrant.
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Relying on the Smith decision's "third-party doctrine," federal appeals courts have said that government investigators seeking data from cellphone companies showing users' movements do not require a warrant.
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For a movement long associated with following the GOP's party line, talk of privileging what evangelicals refer to as the "kingdom of God" over party doctrine is no small thing.
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In 2012, a Maryland district court held that historical cell phone location history falls under the third-party doctrine because a cellphone owner volunteers that information to the cellphone company.
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This gathering, held once every five years, will extol the achievements of the Xi Jinping-led government, cement his approach in party doctrine, and reshuffle the top echelons of leadership.
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Meanwhile party doctrine largely ditched Marx, Lenin and the rest in favour of Kim Il Sung's own ideology of juche, or self-reliance (real meaning: distrust, confront and rob foreigners).
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The other three justices joining Alito's concurrence—Justices Ginsburg, Breyer, and Kagan—all might be good candidates to join Justice Sotomayor in reversing the third party doctrine sometime in the future.
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That would mean the IP falls under the third party doctrine, which states that there's no expectation of privacy for data given to a third party, even if it's transmitted unwittingly.
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"While the third-party doctrine applies to telephone numbers and bank records, it is not clear whether its logic extends to the qualitatively different category of cell-site records," he wrote.
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That reasoning, known as the third-party doctrine, comes from a 1979 Supreme Court decision, when people made calls on rotary-dial phones and did their research in the Yellow Pages.
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Trump's day in Washington was aimed at laying to rest some of the concerns that persist among Republicans about his incendiary tone and some policy proposals at odds with party doctrine.
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The high court has been grappling with the so-called "third party" doctrine since 1976, when it ruled bank records obtained without a warrant could be used to prosecute a Georgia moonshiner.
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But Congress shouldn't wait for the next major court case challenging the "third party doctrine" in the hope that Gorsuch's position will finally sway his colleagues to kill this misguided legal notion.
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If the Soviet Union and Eastern Bloc nations stood behind the ideological purity of their party doctrine and promoted their nations as workers' utopias, the wall offered proof of oppression and tyranny.
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The third-party doctrine is what made legal the use of a pen register, a device that records all outgoing and incoming calls, on the phones of Donald Trump's lawyer Michael Cohen .
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Although the phone records program is perhaps the most prominent example, there are hundreds of other government surveillance programs or protocols, the legitimacy of which is predicated on the third-party doctrine.
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Historically, the Fourth Amendment hasn't protected searches of location data — basically, how a person or object gets from point A to point B — because of a legal theory called the third-party doctrine.
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The government's position (argued before the Court last fall by Michael Dreeben, a Deputy Solicitor General, who is currently assisting the Mueller investigation) relies on what is known as the third-party doctrine.
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However, the court is unlikely to do that anytime soon, which means either the courts will slowly chip away at the third-party doctrine or perhaps Congress will act to strengthen statutory requirements.
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Although the Carpenter majority did not revisit Miller and Smith, it nonetheless put a substantial hole in the third-party doctrine by indicating it is no longer the bright-line rule it once was.
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Justice Neil Gorsuch dissented for technical reasons, but he wrote that he would have gone further than the majority, criticizing the majority for keeping the Third-Party Doctrine "on life support" in the digital age.
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West Virginia's Joe Manchin is one of the most conservative Democrats in the U.S. Senate, and thus embodies the old party doctrine that only conservative or moderate Democrats can reliably win in districts like Virginia's 9th.
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In the past five years, Mr. Xi has assembled his own earthy strain of Communist Party doctrine, overtly hostile to Western liberal ideas and suspicious of the intentions of the United States and other Western powers.
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"The Supreme Court may in the future limit, or even eliminate, the third-party doctrine," Judge Diana Gribbon Motz wrote for the majority, adding that Congress could require a warrant for historical cell-site location information.
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The government argued that it didn't need to get a warrant because of the so-called third party doctrine, which says that you surrender any expectation of privacy when you share information with a third party.
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For example, the third-party doctrine now affects laws that control the spread of so-called "revenge porn" — nude or explicit photographs posted online without the subject's consent, often as a way to humiliate an ex.
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Despite other issues in the case, by framing its decision under the Fourth Amendment and specifically invoking the third-party doctrine, the federal court established precedent that can be used in other privacy cases going forward.
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The NSA has also used the third-party doctrine to do mass surveillance, like Operation PRISM, its "dragnet" collection of phone records of both Americans and foreign nationals revealed by former contractor Edward Snowden in 2013.
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Not only does this case offer a chance to protect privacy rights for cell phones, Carpenter also provides an opportunity to reevaluate an antiquated legal theory, called the third-party doctrine, that underpins many government surveillance programs.
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As Politico noted in a separate article, Kavanaugh upheld rulings that the NSA's massive metadata collection program was legal, citing the "third-party doctrine" that collecting records from service providers does not constitute a search of the customer.
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According to the so-called "third-party doctrine", articulated in two Supreme Court rulings in the 1970s, a person "has no legitimate expectation of privacy in information he voluntarily turns over to third parties" like banks and phone companies.
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Sauytbai, 42, worked as a kindergarten principal in Xinjiang's Ili Kazakh Autonomous Prefecture when she was suddenly forcibly recruited in November 2017 to teach Chinese language and culture, as well as Communist Party doctrine, to inmates of a camp.
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Laperruque said he'd like to see senators press Trump's nominee on his views on the third-party doctrine, as well as his argument that the government had demonstrated a "special need" to prevent terrorism in seizing the phone records.
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When the Supreme Court first set out the parameters of the third-party doctrine, phone records could often place an individual in their home or office when they were making and receiving telephone calls, but not otherwise or elsewhere.
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In a landmark ruling, Chief Justice John Roberts sided with the court's four liberals to hold that the third-party doctrine, which was established in the 1970s, simply doesn't make sense for information as sensitive and revealing as CSLI.
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The Sixth Court of Appeals ultimately rejected Carpenter's case based on a precedent set in the '70s and '80s, the Third Party Doctrine, which established that citizens give up their expectation of privacy when they share information with a third party.
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At the heart of this case is what's called "third-party doctrine," a legal theory that came into being in the 1970s and states that a person has "no legitimate expectation of privacy" in information voluntarily turned over to third parties.
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In many ways, the Carpenter ruling was a victory for privacy advocates and signaled the Supreme Court's willingness to rein in third-party doctrine a little bit in an era when almost all of our communications are handled by intermediary companies.
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United States was expected to set new standards for the application of the Third Party Doctrine, a precedent set in the '70s and '80s that maintains a suspect gives up their expectation of privacy if they share information with a third party.
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A legal theory known as third-party doctrine, which argues there is no reasonable expectation of privacy when a citizen gives their data to a third party, is often cited in similar cases, and has been used to decide the cell site issue.
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TIANJIN, China (Reuters) - In a glass tower in a trendy part of China's eastern city of Tianjin, hundreds of young men and women sit in front of computer screens, scouring the Internet for videos and messages that run counter to Communist Party doctrine.
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"Carpenter suggests that the third-party doctrine is less of the bright-line rule that the cases suggest and more of a fact-specific standard," Orin Kerr, a University of Southern California law professor who specializes in computer law, wrote for Reason.
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The third-party doctrine brings together two distinct strands of Fourth Amendment theory—that individuals' voluntary conduct can effect a form of "consent" to government searches, and that individuals cannot assert a privacy interest in property they no longer own or possess.
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To be sure, there is substantial debate over the numerous alternatives to the third-party doctrine, and exactly where courts should draw the line between when we do have an expectation of privacy in information like historical CSLI, and when we do not.
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According to longstanding—though sometimes controversial—legal theory, known as the "third party doctrine," Americans have no expectation of privacy for data shared with a third party such as an internet service provider, a cellphone company or, in this case, anyone on the BitTorrent network.
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The crowd repeatedly broke into chants of "lock her up," and on a few occasions attendees were egged on by speakers on stage—including former Army General Michael Flynn, one of Trump's VP finalists—which made the view all but indistinguishable from official party doctrine.
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Under the third-party doctrine, Americans lose a reasonable expectation of privacy if their personal information is stored by a third party, as with the bank records in Miller; or made readily available to a third party, as with Smith and the telephone company.
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It held that this information was such an "exhaustive chronicle" of individuals' location that it was not covered by a 1970s precedent known as the "Third Party Doctrine," under which police obtain routine access to personal data stored by third parties like phone companies.
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However, beefing up "Communist Party building" at listed companies, a reference to studying the party's theories, conducting social activities in line with party doctrine and making rules along party lines, could be seen by some overseas investors and analysts as potentially causing conflict with shareholders.
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" Whatever wisdom the so-called third-party doctrine had in 1979 when Smith was decided, it is entirely "ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.
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Criminal procedure and privacy scholars are in near-unanimous agreement that an extension of what some have called the "third-party doctrine," which holds that people lack a reasonable expectation of privacy in information voluntarily conveyed to third parties, could eliminate citizens' privacy in the modern age.
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At the heart of the dispute in Carpenter is the "third-party doctrine," the idea that we surrender our constitutional expectation of privacy whenever we voluntarily share non-content information with third-parties, such as our phone companies, internet service providers, financial institutions, and so on.
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Specifically, the court cut back on the scope and reach of the "third-party doctrine" — a legal presumption, embraced by the Supreme Court in the 1970s and '80s, that if you share information with a third party, you have forfeited your right to privacy regarding that information.
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In many ways, he had to buck the GOP establishment to stand for these policies as a Republican — and in that, the people saw a leader committed to their well-being over party doctrine: a prime example of the "hope and change" President Obama had promised.
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Miller, the Supreme Court clarified that when people voluntarily turned over information to a third party (in this case, a bank) they could no longer reasonably expect it to be kept private and therefore forfeited their Fourth Amendment protections, a principle known as the third-party doctrine.
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A new justice replacing Justice Scalia might take a more expansive approach to the applicability of the 24th Amendment, and be the vote that tips the scales against a controversial doctrine that has dramatically limited the scope of the 2490th Amendment in the digital age: the third party doctrine.
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The brief officially argued for neither side but did note that "rigid rules" like the third-party doctrine don't make sense when applied to digital technologies, and that the government should develop a more nuanced view of what kind of content law enforcement can scoop up without a warrant.
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Thus, although Edward Snowden's 2013 disclosure of the bulk telephone metadata collection prompted substantial public debate over the constitutionality of such surveillance, it is difficult to see the argument that it was unconstitutional, thanks to the third-party doctrine (the Second Circuit instead invalidated it on narrower, statutory grounds).
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The conclusion that a donor like that would draw from the debate is that Pence has all the advantages of a Marco Rubio elite favorite type (the commitment to party doctrine, the polish and panache in public speaking, message discipline) and none of the downsides (immigration heresies, residual anger from the 2016 primaries).
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So not only are we sharing far more data with third parties than we did in the 1970s (when the third-party doctrine was articulated), but the government is in a far better position today to use that data to obtain information about us that we might not want it to have.
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" Accordingly, the court concluded that the voluntary conveyance assumption behind the Third-Party Doctrine just doesn&apost hold up when it comes to cell phone location data, because "a cell phone logs a cell-site record by dint of its operation, without any affirmative act on the part of the user beyond powering up.
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While Clinton's campaign said "Make no mistake about it: The 2016 Democratic platform represents an ambitious, progressive agenda that all Democrats can and should be proud of," Sanders made it clear the draft will do little to slow his push to cement his policies in party doctrine and cast trade policy as a sticking point.
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Upward of a million people, including ethnic Uighurs, Kazakhs, and other Turkic Muslims, have passed through mass internment camps in Xinjiang, where detainees are held without charge, taught Chinese, compelled to sing patriotic songs and learn Chinese Communist Party doctrine, and subjected to a wide range of abuses from food deprivation to being held in stress positions, according to many witness accounts.
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