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Buying Data And The Fourth Amendment
Can governments purchase user records as an end run around the warrant requirement imposed by Carpenter v. United States? Fourth Amendment law suggests they can. Companies have common authority over their business records, which allows them to consent to a government search of their databases even when their users oppose it. A voluntary sale manifests consent, permitting the government to buy access to Carpenter-protected records without warrant or cause.
Wednesday, November 17, 2021 1 min read
Can governments purchase user records as an end run around the warrant requirement imposed by Carpenter v. United States? Fourth Amendment law suggests they can. Companies have common authority over their business records, which allows them to consent to a government search of their databases even when their users oppose it. A voluntary sale manifests consent, permitting the government to buy access to Carpenter-protected records without warrant or cause.
