Closing the Third-Party Privacy Loophole

In the summer of 2018, the U.S. Supreme Court issued its opinion in Carpenter v. U.S., holding that “the fact that [your digital] information is held by a third party does not by itself overcome the user’s claim to Fourth Amendment protection.” Put simply, the Court recognized that digital data being passed through and held by a third party does not diminish our expectation of privacy.

This ruling, however, pertained only to cell phone location information—and as a U.S. Supreme Court ruling, it only sets the floor below which law enforcement may not descend. So we drafted legislation that would apply the principles of this ruling to all digital data, not just our cell phone location information.

This first-in-the-nation bill closed the notorious “third party doctrine” loophole whereby the U.S. Supreme Court had long allowed law enforcement to obtain people’s digital data without a warrant if that data was possessed by someone else (e.g. a cell phone company, cloud computing company, etc.)

It is essentially impossible to operate in a digital environment without sending sensitive data through a third party relay or service. We store our information in the “cloud” all the time. This law makes clear that we maintain a privacy interest in our data being held by a third party. Now we help other states pass laws like this to safeguard the privacy of more American citizens.

Fighting for a Future Where Individuals Are Fully Liberated to Pursue Their Dreams, Free from Coercion and Control.

You Might Also Like

Bitcoin has fallen more than 50% from its 2025 all time high. Still, the conditions that gave Bitcoin and cryptocurrencies a use case in the first place have not changed.
A new audit on the Utah Fits All scholarship found purchases auditors called “wasteful and extravagant.” But the audit does not measure why the program exists.
The United States remains the easiest country on earth to get rich, and the gap isn't even close.

Help us Nail and Scale Policies to Reduce Government Control

Your tax-deductible contributions to Libertas Institute increase freedom across the country.